OLD PARK ENGINEERING SERVICE vs. CASSEL ENERGY LTD AND AMKO ENERGY GHANA LIMITED

I have listened to the submissions for and against the grant of the application for Stay of Proceedings pending the interlocutory appeal filed by the Defendant/Applicant (hereinafter called the Applicant). I have also listened to the submissions by counsel for the parties in this case. It is trite law that Stay of Proceedings pending appeal is predicate on three sources. These are, the Court’s inherent jurisdiction, the rules of Court if any and the provision of a particular statute such as Arbitration statute. In Atkins Encyclopaedia of Court Forms in Civil Proceedings, second edition volume 37, the authors stated at page 189 as follows: “A stay of proceedings arises when under an order of the Court proceedings which have been pending in that Court are brought to a halt at the stage which they have reached, so that while the stay is in operation, the parties are precluded from taking any further step in the proceedings. A stay of proceedings is therefore a serious and grave st...