[2010]DLCA7507 • February 25, 2010 • Court of Appeal
RICHMOND AGGREY (PLAINTIFF/RESPONDENT/RESPONDENT) vs INVESTCOM CONSORTIUM HOLDINGS S.A. & 2 ORS. (DEFENDANT/RESPONDENT/RESPONDENT)
ANIN YEBOAH, JA It is the duty of an applicant who invokes the jurisdiction of this court under Rule 27A of CI 19 as amended by CI 21 of 1998 to demonstrate to the court that there exist special circumstances to warrant a stay of proceedings pending appeal. We have perused in detail all the affidavits filed by the applicants in this motion. Indeed none of the affidavits filed has even faintly demonstrated that special circumstances exist for us to stay proceedings pending actively at the High Court which is seised with jurisdiction of the matter. Procedurally, the parties to this proceedings, as the affidavits and the exhibited pleadings show, the Applicant has indeed lodged his defence subsequent to entry of appearance to contest the issues raised by the pleadings. It will therefore be unjust in a case in which three defendants are involved and indeed filed their statements of defence to stay proceedings to enable the applicant to proceed with the arbitration in which the applic...