judy.legal
Login Register

RIASAND VENTURES LIMITED V. REGISTRAR OF COMPANIES, NOBLE GOLD BIBIANI LIMITED

(2018) JELR 68840 (SC)

Supreme Court  •  CIVIL MOTION NO.: J8/96/2018  •  18 Jul 2018  •  Ghana

Coram
ANSAH JSC (PRESIDING), ADINYIRA (MRS) JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC,APPAU JSC

Judgement

RULING

APPAU, JSC:-

Before us is a motion for stay of execution of the decision/order of the Court of Appeal dated 7th December 2017 pending an appeal against that decision/order. Though it is a repeat application after a similar one had been refused by the Court of Appeal, it is not regarded as an appeal against the decision of the Court of Appeal as held by this Court in JOSEPH v. JEBEILE and Another [1963] 1 GLR 387. It is, in fact, a fresh application altogether and we are supposed to exercise our discretion unmindful of the reasons grounding the refusal by the Court of Appeal. Our paramount consideration is whether there are exceptional circumstances to warrant the grant. In so doing, however, we must avoid the temptation of prejudicing the appeal by going into the merits of the substantive matter, which is yet to be gone into and for which the application has been made.

As we have consistently held in several cases dating back to the Joseph v. Jebeile case (supra), it is the paramo…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login