Customer Support

THE REPUBLIC v THE HIGH COURT, COMMERCIAL DIVISION, ACCRA EX-PARTE: MILLICOM GHANA LIMITED & ORS

(2009) JELR 92120 (SC)

Supreme Court 4 Feb 2009 Ghana
BriefBot icon

BriefBot Summary

Free

- Supreme Court granted certiorari and quashed the High Court’s order issuing a bench warrant for arrest of company directors, holding the High Court lacked jurisdiction to proceed with committal and issue the warrant before expiry of the m

Case Details

Suit Number:CIVIL MOTION NO. J5/43/2008
Judges:ATUGUBA, J.S.C. (PRESIDING) ANSAH, J.S.C OWUSU, J.S.C ANIN YEBOAH, J.S.C. BAFFOE-BONNIE, J.S.C
Counsel:NARTEY TETTEH FOR THE APPLICANTS. ENOH-AMAH ANDOH FOR THE INTERESTED PARTY.

RULING

ATUGUBA, JSC.

The facts of this case have been related by my learned sister and brother Rose Owusu and Baffoe-Bonnie JJSC respectively. I would not repeat them except where necessary. The legal issues that arose in this case are:

(a) whether the trial High Court was right to issue a bench warrant for the arrest of the applicants, the directors and officers of the first applicant company, who failed to appear in court pursuant to service of committal process on the company;

(b) whether the continuance with the said committal process in the wake of and whilst the application for stay of execution of proceedings was pending, was lawful; and

(c) whether the said committal process was lawful since the third, fourth and fifth applicants had not been served with the application for committal.

The application for stay of execution pending appeal

Before dealing with the issue of application for stay of execution pending appeal, I shall first deal with the contention that the committal proceed…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.