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REPUBLIC
V.
TAY & ANOR (EX PARTE: MISYL ENERGY COMPANY LTD)

(2025) JELR 114185 (HC)

High Court 20 Feb 2025 Ghana
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- Application for stay of proceedings pending interlocutory appeal was refused; the court held that mere pendency of appeal does not justify a stay absent exceptional circumstances. - The court stressed that discretion to stay proceedings m

Case Details

Suit Number:CR/0140/2020
Judges:COMFORT KWASIWOR TASIAME, J
Counsel:PRISCILLA AGUDEY WITH CEPHAS DOMETEY KOFIE HOLDING BRIEF FOR MARGARET AGOE OWUSU FOR THE APPLICANT/RESPONDENT- PRESENT. OSEI OWUSU WITH PAA KWASI KUDOADZI FOR THE RESPONDENT/APPLICANT- PRESENT.
Location:Accra

RULING

The facts of this case are as follows: Misyl Energy was the complainant in a criminal case, The Republic v. David Aseye Tay. The accused was convicted, and the court, by way of restitution, granted a property to Misyl Energy. Kwasi Osei Ofori (the "Respondent/Applicant"), who was handling the property despite the Restitution Order being posted on it, was convicted for contempt of court, cautioned, and discharged. A second application for contempt was subsequently filed against the Respondent. Counsel for the Respondent raised a preliminary legal objection to the second contempt application. After considering the arguments, the court overruled the objection on 15th August, 2024. Dissatisfied with the court’s ruling, the Respondent's legal counsel filed a notice of interlocutory appeal and subsequently sought a Stay of Proceedings. The application was filed on 18th September, 2024, with a return date set for 9th October, 2024.

Applicant’s Case

It is the case of the Respondent/Appli…

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