[2007]DLCA6414 • February 16, 2007 • Court of Appeal
JOHN BANDOH vs. INDAMINA COMPANY LTD.
The case concerns a procedural dispute arising from an interlocutory appeal involving applications for stay of proceedings and stay of execution related to the winding up of Indamina Company Ltd. The appellant filed an appeal against the High Court's refusal to grant a stay of proceedings and subsequently filed a motion for stay of proceedings in the Court of Appeal after the lower court dismissed a motion for stay of execution pending appeal.
read moreAPALOO J.A.: This ruling arises from a preliminary legal objection filed in this Court pursuant to Rule 16 of C.I. 19 of the Court of Appeal Rules as amended. The objection taken by the Respondent to the hearing of the appeal and or motion stated as follows: 1. As an appeal has been lodged in this Court against the decision of the High Court, an application for stay of proceedings ought to have been brought at first instance to the High Court before a repeat application can be made to this Court. 2. The present motion is simply a repeat of an earlier one brought by the Respondent Company and dismissed by the High Court and pending an Appeal before this Court. Hearing this motion will therefore amount to determining the appeal summarily. 3. The present application has been filed out of time. We ordered arguments to be filed in respect of the preliminary objection for our determination and noted with concern that both Counsel went beyond the scope of the objection the Respondent ...