INTELSAT GLOBAL SALES & MARKETING V. NETWORKS COMPUTER SYSTEMS

RULING

ATUGUBA, J.S.C.

I have had the advantage of reading the opinion of my worthy brother Gbadegbe J.S.C. It is to the effect that the Ruling of the High Court dated 12/3/2010 refusing to set aside the registration of the foreign judgment herein is interlocutory and therefore the appeal therefrom dated 21/4/2010 being filed outside 21 days is a nullity, wherefore all pursuant processes founded on the same are also nullities and consequently this court lacks jurisdiction to entertain the applicant’s repeat application for stay of execution.

The question whether a judgment or order is final or interlocutory has defied the courts here and in England to such an extent that the Legislatures in both countries have simply enacted that such a question should be finally determined by the appellate court when it arises in a case under appeal. This problem has persisted even though in England and Ghana the judicial test for finality has been harmonised in favour of Lord Alverstone C. J.’s test i…