The application before us raises a very small issue which should not have travelled this far if the rules of this court had been properly appreciated as we shall shortly demonstrate. The issue is whether a party who has appealed to this court following a dismissal of his appeal by the Court of Appeal should make an application for a stay of execution to the High Court from which the case originally emanated.
The facts are not in dispute. The plaintiff, applicant herein, obtained a default judgment against the defendant Bank of Ghana, interested party herein. The defendant applied to the High Court to set aside the default judgment but the court refused the application. The defendant then appealed against the refusal to set aside to the Court of Appeal. At the same time the defendant invoked the supervisory jurisdiction of this court to vacate the default judgment dated 12th July 2012. In a reasoned ruling delivered on 10th April 2013, this court rejected the application…