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THE REPUBLIC
V.
HIGH COURT, COMMERCIAL DIVISION, ACCRA EX PARTE: IVORY FINANCE COMPANY LTD AND OTHERS

(2016) JELR 65867 (SC)

Supreme Court 19 May 2016 Ghana
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- The Supreme Court held that Buadi J. exceeded his jurisdiction by construing and affirming Koomson J.’s decision, which was already subject to an appeal, instead of determining the new application for stay of execution on its own merits.

Case Details

Suit Number:CIVIL APPEAL NO. J5/20/2016
Judges:ATUGUBA JSC (PRESIDING), BAFFOE-BONNIE JSC, BENIN JSC, APPAU JSC, PWAMANG JSC
Counsel:RICHARD AMOFA ESQ. (LED BY EMMANUEL AMMISSAH) FOR THE APPLICANT; STEPHEN AGYEMAN ESQ. FOR THE 1ST TO 3RD INTERESTED PARTIES., KIZITO BEYUO ESQ.( WITH HIM KWAME ADOBOR AND ABIGAIL TETTEY FOR THE 4TH INTERESTED PARTY.

JUDGEMENT

BENIN, JSC:-

This is an application seeking to invoke the supervisory jurisdiction of this court by way of certiorari to quash the decision of Buadi J. presiding over the High Court, Commercial Division, Accra. The said decision was given on the 25th day of February 2016. It is pertinent to set out in detail the chronological events giving rise to the decision under attack, in order to appreciate the grounds for this application. It all began with the issuance of a writ of summons by the applicant herein against the interested parties herein jointly and severally seeking the specific sum of GH₵19, 303,800.00 and also interest at stated rates. The applicant applied to the court for summary judgment but this was opposed. Whilst that application was pending, the applicant and the 4th interested party herein, the State Insurance Company Ltd., filed terms of settlement which the court adopted as consent judgment.

The 4th interested party issued a fresh writ at the High Court number …

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