[2024]DLSC17724 • June 4, 2024 • Supreme Court •
MOCHCOM LIMITED vs. CYPRESS INVESTMENTS LTD.
The plaintiff, Mochcom Limited, initiated a suit at the High Court, Tema, against the defendant, Cypress Investments Ltd., seeking damages for breach of contract, interest on a specified sum, and costs. The defendant entered conditional appearance and applied for transfer of the suit, which was dismissed. The defendant appealed and applied for stay of proceedings pending appeal, which was refused by the High Court. The defendant then applied for stay at the Court of Appeal, which dismissed the application on jurisdictional grounds, citing the Court of Appeal Amendment Rules, 2020 (C.I. 132). The defendant sought special leave and appealed to the Supreme Court.
read moreJUDGMENT KWOFIE JSC: My Lords, the issue for our consideration is whether by virtue of the passage of the Court of Appeal (Amendments) Rules, 2020 (C.I. 132) the jurisdiction of the Court of Appeal to determine applications for stay of proceedings pending appeal has been revoked. This is an interlocutory appeal against the decision of the Court of Appeal dated 9th February, 2022, refusing to determine an application for stay of proceedings pending appeal of the ruling of the High Court, Tema. The facts giving rise to the interlocutory appeal are quite simple and straight forward. The plaintiff/respondent/respondent (hereinafter referred to as the plaintiff) on the 4th of December 2020, brought an action against the defendant/appellant/applicant/appellant (hereinafter referred to as the defendant) at the High Court, Tema seeking the following reliefs: i) Damages for breach of contract ii) Interest on the sum of $812,606.23 (Eight Hundred and Twelve Thousand, Six Hundred and Si...