[2007]DLCA6711 • November 9, 2007 • Court of Appeal
DAVID ANDREAS HESSE vs. INVESTCOM CONSORTIUM HOLDING
The 1st Defendant was sued jointly and severally with others and failed to file a defence, leading to interlocutory judgment against it. The Defendant sought to set aside the interlocutory judgment and applied for stay of proceedings pending appeal and arbitration. The High Court refused to set aside the interlocutory judgment and refused the stay of proceedings. The Defendant appealed to the Court of Appeal against the interlocutory judgment and sought a stay of proceedings pending appeal. The Plaintiff opposed the application, arguing the appeal was out of time and the application was unsustainable.
read moreDUOSE, JA On the 2nd day of April, the Commercial Division of the High Court, Accra, entered interlocutory judgment against the 1st Defendant in default of defence. Subsequently on the 26-04-07, the same court refused to set aside the interlocutory judgment stating "No new issue is raised in this application to set aside that Order." The 1st Defendant/Appellant being dissatisfied with the ruling of the Commercial Court Accra dated 2nd April 2007, filed an appeal against it on 07-05-07 simultaneously with application for stay of proceedings pending appeal. Mr. F. Ntrakwa submitted that this application had a great chance of success for the following reasons. (1) That the Defendants were sued jointly and severally and therefore the proceedings cannot be severed Order 13 r 6 of CI 47. (2) That the Defendants brought an application for stay of proceedings pending arbitration which was refused. (3) The Judge suo moto ordered the 2nd Defendant to file his defence within a ...