[2021]DLCA10066 • February 22, 2021 • Court of Appeal
SPRINGFIELD EXPLORATION AND PRODUCTION LTD. vs. ENI GHANA EXPLORATION AND PRODUCTION LTD , VITOL UPSTREAM GHANA LTD AND SPRINGFIELD EXPLORATION AND PRODUCTION LTD vs. ENI GHANA EXPLORATION AND PRODUCTION LTD, VITOL UPSTREAM GHANA LTD
OBENG-MANU JNR, JA INTRODUCTION This court is being called upon to exercise its discretionary power to stay proceedings in two related suits in the High Court pending the determination of interlocutory appeals filed by both applicants on 17th September, 2020. The said interlocutory appeals are against the rulings of the High Court delivered on 3rd September, 2020 which dismissed the 1st Defendant/Appellant/Applicant’s application to the High Court to dismiss Plaintiff’s suit for lack of capacity and the 2nd Defendant/Appellant/Applicant’s application under Order 11 Rule 18(1) of C.I 47 and under the inherent jurisdiction of the Court to strike out Plaintiff’s pleadings and dismiss the suit against 2nd Defendant. On the same 17th September, 2020, both defendants filed motions in the High Court for stay of proceedings pending the determination of their interlocutory appeals. On 29th October, 2020, the High Court dismissed both applications, refusing to stay proceeding pen...