[2012]DLSC2663 • February 7, 2012 • Supreme Court •
GOLDEN BEACH HOTELS (GH) LTD vs. PACKPLUS INTERNATIONAL LTD
The applicant company, Golden Beach Hotels (GH) Ltd, was involved in arbitration proceedings which resulted in an arbitral award against it in favor of the respondent, Packplus International Ltd, in January 2011. The respondent applied to the High Court for leave to enforce the arbitral award, while the applicant simultaneously sought to set aside the award. The High Court dismissed the application to set aside and adopted the award as a judgment of the court. The applicant appealed to the Court of Appeal and applied for a stay of execution of the High Court order. The Court of Appeal refused the stay, holding that the High Court's ruling was interlocutory and the appeal was filed out of time.
read moreDR DATE-BAH JSC: This is an application for an order from this Court suspending an order of the Court of Appeal made on 14th December 2011 or, in the alternative, an order staying execution of the proceedings consequent upon that order which refused the Applicant’s application for stay of execution. The application is patently made in order to circumvent the received learning that this and other courts will not grant a stay of execution of orders that are not executable. The application relies principally on two authorities: Merchant Bank Ghana Ltd. V Similar Ways Ltd., an unreported decision of this court dated 29th March 2011 (Civil Motion J8/38/2011} and Standard Chartered Bank (Ghana) Ltd. V Western Hardwood Ltd. & Another [2009] SCGLR 196. In the Merchant Bank case, the High Court had delivered a judgment when one party had not been served with any hearing notice for the day of judgment. That party had applied to set aside the delivery of the judgment. That application .....