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THE REPUBLIC
V.
DR NII KOTEI DZANI AND OTHERS EX PARTE: PROF COLLINS FOSU

(2019) JELR 65040 (HC)

High Court 16 Jul 2019 Ghana
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- Application for stay of contempt proceedings pending appeal was dismissed for lack of special circumstances; mere institution of an appeal in interlocutory matters does not entitle an applicant to a stay (Garrett v. Garrett [1991] 2 GLR 3

Case Details

Judges:DR. RICHMOND OSEI-HWERE J
Counsel:KWASI AFRIFA FOR AMA ASENSO FOR THE APPLICANTS; JAMES MARSHALL BELIEB FOR PROSPER NYAHE FOR RESPONDENTS.

OSEI-HWERE J.

This is an application for stay of proceedings in respect of the instant contempt application pending before this court.

On 31st May, 2019 during the hearing of the contempt application, counsel for the respondents, Archie Danso Esq. raised a preliminary legal objection against the propriety of the contempt application. After hearing both counsel the court overruled the preliminary legal objection on that ground that “Counsel's submissions are with all intents and purposes, a defence to the substantive allegation and that does not in any shape or form pass the test of a preliminary legal argument that can bring the application to a halt.”

Aggrieved by the decision of the court, the Respondents/Applicants (hereinafter called Respondents) have appealed against the decision of the court per a Notice of Appeal filed on 12/06/2019. On the same day the Respondents filed a Motion on Notice for stay of proceedings pending the determination of the appeal.

The main ground of the appli…

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