ECOBANK GHANA LIMITED vs. ALUMINIUM ENTERPRISE LTD.

Aluminium Enterprise Ltd obtained judgment in the High Court, Accra against Ecobank Ghana Ltd for payment of a liquidated sum. Ecobank appealed to the Court of Appeal and sought stay of execution pending appeal. The High Court granted only a conditional or partial stay, ordering payment of one-third of the judgment debt to Aluminium Enterprise while the remaining two-thirds awaited the appeal. Ecobank unsuccessfully renewed its stay application before a single judge and then a duly constituted panel of the Court of Appeal. After obtaining special leave to appeal to the Supreme Court against the Court of Appeal’s refusal of stay, Ecobank applied to the Supreme Court for an order 'suspending' the Court of Appeal’s order affirming the conditional stay. A single Justice of the Supreme Court granted that application. Aluminium Enterprise then invoked article 134(b) of the 1992 Constitution before a three-member panel to reverse the single Justice’s order. Portion of judgment: “The applicant obtained judgment against the respondent at the High Court, Accra for the payment of a liquidated sum... The High Court granted a partial stay by deciding that the respondent should pay a third of the judgment debt to the applicant, whilst the remaining two-thirds should await the outcome of the appeal... This court, presided over by a single judge, granted the application...”