GARRETT vs. GARRETT

This is an application to stay proceedings before the High Court, Accra (coram Brobbey J.) pending the hearing and determination of the appeal from the ruling of the said court. That ruling is dated 6 December 1990 and by it the court dismissed an application by the applicant to strike out the respondent’s writ and pleadings. The reason for the application was that the respondent, at the time he instituted the action, had no capacity to initiate any proceedings since he was an undischarged bankrupt. Admittedly, at the time the respondent initiated these proceedings he had been declared a bankrupt under the provisions of the English Bankruptcy Act, 1914 (4 & 5 Geo, c. 59). Among other arguments, counsel for the applicant argued that if the court below was not stopped from proceeding with the hearing of the action then pending before it, the appeal, if it succeeded, would be rendered nugatory. He also expressed fear that if the court below went ahead to hear the case and gave judgment.....