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GOLDEN BEACH HOTELS (GH) LTD V. PACKPLUS INTERNATIONAL LTD

(2012) JELR 68109 (SC)

Supreme Court  •  CIVIL APPEAL NO. J8/23/2012  •  7 Mar 2012  •  Ghana

Coram
AKUFFO (MS) JSC (PRESIDING), DATE-BAH JSC, ANSAH JSC, BONNIE JSC,AKOTO-BAMFO (MRS) JSC

Judgement

JUDGMENT

DR DATE-BAH JSC

This is an application for an order from this Court suspending an order of the Court of Appeal made on 14th December 2011 or, in the alternative, an order staying execution of the proceedings consequent upon that order which refused the Applicant’s application for stay of execution. The application is patently made in order to circumvent the received learning that this and other courts will not grant a stay of execution of orders that are not executable. The application relies principally on two authorities: Merchant Bank Ghana Ltd. v. Similar Ways Ltd., an unreported decision of this court dated 29th March 2011 (Civil Motion J8/38/2011} and Standard Chartered Bank (Ghana) Ltd. v. Western Hardwood Ltd. and Another [2009] SCGLR 196.

In the Merchant Bank case, the High Court had delivered a judgment when one party had not been served with any hearing notice for the day of judgment. That party had applied to set aside the delivery of the judgment. That application w…

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