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RIASAND VENTURES LIMITED
V.
REGISTRAR OF COMPANIES, NOBLE GOLD BIBIANI LIMITED

(2018) JELR 68840 (SC)

Supreme Court 18 Jul 2018 Ghana
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- The case involves a motion for stay of execution of a Court of Appeal decision/order dated 7th December 2017, pending an appeal against that decision/order. - The respondent had instituted an action in the High Court against the applican

Case Details

Suit Number:CIVIL MOTION NO.: J8/96/2018
Judges:ANSAH JSC (PRESIDING), ADINYIRA (MRS) JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC,APPAU JSC
Counsel:KIZITO BEYUO WITH HIM MOTHER THERESA RHULE AND EDEM BREW FOR THE RESPONDENT/APPELLANT/APPELLANT/RESPONDENT,COSMAS AMPENGYOU FOR THE RESPONDENT/APPELLANT/APPELLANT/ APPLICANT

RULING

APPAU, JSC

Before us is a motion for stay of execution of the decision/order of the Court of Appeal dated 7th December 2017 pending an appeal against that decision/order. Though it is a repeat application after a similar one had been refused by the Court of Appeal, it is not regarded as an appeal against the decision of the Court of Appeal as held by this Court in JOSEPH v. JEBEILE and Another [1963] 1 GLR 387. It is, in fact, a fresh application altogether and we are supposed to exercise our discretion unmindful of the reasons grounding the refusal by the Court of Appeal. Our paramount consideration is whether there are exceptional circumstances to warrant the grant. In so doing, however, we must avoid the temptation of prejudicing the appeal by going into the merits of the substantive matter, which is yet to be gone into and for which the application has been made.

As we have consistently held in several cases dating back to the Joseph v. Jebeile case (supra), it is the paramoun…

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