PHC MOTORS (PLAINTIFFS/RESPONDENTS) vs. PILLBOX CHEMIST & MS. SEDINA TAMAKLOE (DEFENDANTS/APPELLANTS)

ARYEETEY, J. A. A brief background to this application for stay of proceedings pending appeal is as follows: On 12th June, 2002 the plaintiffs/respondents issued a Writ of Summons in the circuit court, Accra for a liquidated sum of ¢10,295,000.00. At the time of the issue of the Writ of Summons the jurisdiction of the Circuit Court was limited by section 41(1) (a) (i) of Courts Act, 1963, (Act 459) to ¢10,000,000.00. On 30th April 2003 while hearing of the case was still pending the defendants/applicants filed an application before the circuit court to strike out the suit for want of jurisdiction. The Circuit court dismissed the application and ruled that it had jurisdiction to entertain the action on the basis that by their pleading and their conduct the defendants/applicants had agreed that the circuit court should assume jurisdiction as required by section 41(3) of Courts Act, 1993 (Act 459). That subsection reads: “Where the amount claimed or the value of any land or property...