[2017]DLSC4569July 20, 2017Supreme Court

ANTONIO OLIMPIO SANTOS FELIX vs. GIOVANNI ANTONELLI AND BIGLEBB CONST. & CRUSHING LTD

APPAU, JSC:- The application before me is for the suspension of the order of the Court of Appeal dated 20th July 2016 pending the determination of an appeal filed against same on 1st March 2017. The applicants filed the appeal pursuant to special leave a three-member panel of this Court granted them on 23rd February 2017 after a single justice of the Court had refused to do so. The genesis of this application is that the respondent entered into a Memorandum of Understanding (MoU) with the 1st applicant on 27th February 2015 to become a shareholder in the 2nd applicant company. Based on the MoU, the respondent, in August 2015, made a shipment of machinery, equipment and vehicles from Angola to the 2nd applicant in Ghana. However, before the MoU could be translated into an agreement between the parties with regard to the respondent's actual shareholding in the 2nd applicant/company, a misunderstanding arose between the respondent and the 1st applicant. The respondent contended that th...