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FLT. LT. JERRY JOHN RAWLINGS (PLAINTIFF)
V.
GENERAL MEDIA STRATEGIC INC AND 5 OTHERS

(2019) JELR 63718 (HC)

High Court 21 May 2019 Ghana
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- Application for stay of proceedings pending appeal was dismissed; applicants failed to demonstrate exceptional or special circumstances justifying a stay. - The Court affirmed its jurisdiction over foreign defendants carrying on business

Case Details

Suit Number:SUIT NO: GJ/1315/2016
Judges:HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Counsel:MS. HANIYA YAHAYA FOR PLAINTIFF/ RESPONDENT ,MS. EFFIBA AMIHERE FOR THE 1ST & 3RD DEFENDANTS/APPLICANTS

RULING

ACKAAH-BOAFO, J.

NOTICE ON MOTION FOR AN ORDER FOR STAY OF PROCEEDINGS PENDING APPEAL

i. Introduction

[1] This is an application by the 1st and 3rd Defendants/Applicants/Appellants praying this Court to stay proceedings in the instant suit pending the final determination of an appeal filed against an earlier ruling of this Court and pending at the Court of Appeal.

[2] It recalls that on the 4th day of February, 2019 the 1st and 3rd Defendants/Applicants filed a Notice of Motion titled “Motion on Notice for an Order for the Court to Decline Further Jurisdiction in this Action - Order 3 Rule 1(5) of C.I. 47 and the Inherent Jurisdiction of the Court”. The Applicants sought the following orders stated below from the Court;

i. An order to decline further jurisdiction in this action against the 1st and 3rd Defendants on the basis of forum non-convenience.

ii. And for any further order(s) as this Honourable Court shall deem fit and necessary to make.

[3] At the hearing of the application Cou…

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