THE REPUBLIC vs. HIGH COURT, GENERAL JURISDICTION, ACCRA, EXPARTE: MAGNA INTERNATIONAL TRANSPORT LTD [GHANA TELECOMMUNICATIONS CO. LTD-INTERESTED PARTY]

The Applicant, Magna International Transport Ltd, commenced an action at the High Court by filing a Writ of Summons and Statement of Claim. The Interested Party, Ghana Telecommunications Co. Ltd, entered conditional appearances and applied to set aside the Writ for lack of jurisdiction, which the High Court dismissed. The Interested Party appealed to the Court of Appeal and applied for a stay of proceedings in the High Court, which was granted. The Applicant challenged the High Court's grant of stay, arguing that under Rule 27A of the Court of Appeal Rules, the Court of Appeal has exclusive jurisdiction to hear stay applications once an interlocutory appeal is filed.

The issue for our consideration is whether by virtue of rule 27A of the Court of Appeal Rules, 1997, C. I. 19 as amended by C. I. 21 the Court of Appeal has exclusive jurisdiction to hear applications for stay of proceedings from the moment an interlocutory appeal is filed. The Applicant commenced an action at the High Court upon filing a Writ of Summons and a Statement of Claim for reliefs endorsed thereon. The interested party entered 2 conditional appearance and subsequently applied for the Writ and Statement of Claim to be set aside for lack of Jurisdiction. The High Court dismissed the interested party’s application to set aside the Writ. The interested party lodged an appeal against the said ruling to the Court of Appeal and filed an application for stay of proceedings in the High Court which was granted. It is from this grant of stay of proceedings by the High Court that the present application is grounded. The Applicant’s case is that the Court of Appeal is the righ...