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REPUBLIC
V.
COMMITTEE OF INQUIRY (R. T. BRISCOE (GHANA) LTD.); EX PARTE R. T. BRISCOE (GHANA) LTD.

(1975) JELR 63620 (CA)

Court of Appeal 16 Dec 1975 Ghana
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- The applicant company is seeking an order to stay the proceedings of the respondent committee until their appeal is heard and determined. - The applicant argues that if the proceedings continue, they will be prejudiced and the committee w

Case Details

Judges:ANIN J.A,KINGSLEY-NYINAH J.A,HAYFRON-BENJAMIN J.A.
Counsel:JOE REINDORF (WITH HIM JAMES QUASHIE-IDUN) FOR THE APPLICANTS; D. K. AFREH CHIEF STATE ATTORNEY FOR THE RESPONDENT.
Other Citations:[1976] 1 GLR 166

ANIN J.A.: ANIN J.A. delivered the ruling of the court. This is an application by the applicant company for the grant of an order staying proceedings of the respondent committee pending the hearing and determination of the appeal hererin filed on 5 December 1975.

In support of the application Mr. Reindorf, learned counsel, relied on the affidavit sworn in support of the application by one Mr. Ole Erichsen, the applicant company’s director and executive, sworn to and filed on 5 December 1975, together with the accompanying exhibits. He has urged before us that unless the proceedings “actively going on” before the respondent committee are stayed, the applicant company will be prejudiced and the committee would have accomplished what they are now being sought to be restrained from doing. He however conceded that, if their substantive appeal should succeed, an order of prohibition will be issued on the one hand restraining the committee from further acting in the matter, and on the other h…

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