[2011]DLSC4119 • December 20, 2011 • Supreme Court •
INTELSAT GLOBAL SALES AND MARKETING LIMITED vs. NETWORK COMPUTER SYSTEM LTD
The applicant, Intelsat Global Sales and Marketing Limited, sought to enforce a foreign judgment against the respondent, Network Computer System Ltd, which was in liquidation. The respondent challenged the registration and enforcement of the foreign judgment, raising issues about the jurisdiction of the courts and compliance with statutory provisions relating to companies in liquidation.
read moreATUGUBA, J.S.C: I have had the advantage of reading the opinion of my worthy brother Gbadegbe J.S.C. It is to the effect that the Ruling of the High Court dated 12/3/2010 refusing to set aside the registration of the foreign judgment herein is interlocutory and therefore the appeal therefrom dated 21/4/2010 being filed outside 21 days is a nullity, wherefore all pursuant processes founded on the same are also nullities and consequently this court lacks jurisdiction to entertain the applicant’s repeat application for stay of execution. The question whether a judgment or order is final or interlocutory has defied the courts here and in England to such an extent that the Legislatures in both countries have simply enacted that such a question should be finally determined by the appellate court when it arises in a case under appeal. This problem has persisted even though in England and Ghana the judicial test for finality has been harmonised in favour of Lord Alverstone C. J.’s test i...