THE REPUBLIC V THE HIGH COURT, COMMERCIAL DIVISION, ACCRA EX-PARTE: MILLICOM GHANA LIMITED & ORS

RULING

ATUGUBA, JSC.

The facts of this case have been related by my learned sister and brother Rose Owusu and Baffoe-Bonnie JJSC respectively. I would not repeat them except where necessary. The legal issues that arose in this case are:

(a) whether the trial High Court was right to issue a bench warrant for the arrest of the applicants, the directors and officers of the first applicant company, who failed to appear in court pursuant to service of committal process on the company;

(b) whether the continuance with the said committal process in the wake of and whilst the application for stay of execution of proceedings was pending, was lawful; and

(c) whether the said committal process was lawful since the third, fourth and fifth applicants had not been served with the application for committal.

The application for stay of execution pending appeal

Before dealing with the issue of application for stay of execution pending appeal, I shall first deal with the contention that the committal proceed…