[2019]DLHC7193May 17, 2019High Court

DN NETWORK LIMITED (PLAINTIFF) vs. MILLICOM GHANA LIMITED (DEFENDANT)

This is an application for stay of proceedings filed by the Defendant/Judgment/Debtor/ Applicant to stay the garnishee proceedings pending the determination of appeal filed by the Defendant. I have read the application and the affidavits filed by the parties. I have also given consideration to the oral submissions made by both Counsel. Regard has been given to the general principles governing applications of such nature. It is noted that in considering applications of this nature the Court should be mindful of special exceptional circumstances, which should be established by the Applicant; see the case of GARRETT v GARRETT [1991] 2 GLR 366. In the instant case, the Court of Appeal in its order varying the stay of execution made by this Court, ordered the Plaintiff/Judgment/Creditor to file an undertaking. Having filed the said undertaking at the Court of Appeal, I find that no special circumstances has been established by the Defendant/Judgment/Debtor/Applicant to justify an order ...