DELAE SOWU & 2 ORS. V. ALLIED COMPANY LTD. & 2 ORS.

RULING

The application for stay of proceedings has been filed on 25/03/2019.

The reasons in support, as gleaned from the affidavit of Manasseh Nartey, firstly is that, the 1st Respondent/Applicant (referred to as applicant) is aggrieved about the dismissal of the preliminary objection to the hearing of the substantive action.

It is applicant’s case that the action is statute barred. Because the application has been filed, in respect of acts which allegedly occurred six months prior to the commencement of the suit.

There is EXHIBIT ‘MN1’ which is the Notice of Appeal, annexed to the motion.

Secondly, in paragraph 12 of the deposition in support, applicant states:

“… the applicant will suffer irreparable damage if forced to proceed with the suit and the appellate court declares the procedure wrong.”

Thirdly, applicant contends that, there are exceptional circumstances necessitating the grant of the application, because there are serious issues for consideration of the court of appeal.

There is …