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An examination of the case of Origin 8 and C.I. 132: A still born Piece of Law or an Austere Interpretation by the Supreme Court

Source: Justice Eric Kyei Baffour

An examination of the case of Origin 8 and C.I. 132: A still born Piece of Law or an Austere Interpretation by the Supreme Court
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Introduction 

The coming into force of the Court of Appeal (Amendment) Rules, 2020 C. I. 132 was hailed by the legal fraternity as a smart piece of legislation. The rule was a welcome relief to successful parties who were usually taken through the drudgery of frustration by motions for stay of execution from the trial court and upon refusal repeated at the Court of Appeal. The opportunity to first file an application at the trial court for a stay of execution and, upon refusal, file a repeat of same at the Court of Appeal, has ended up prolonging the time of completion of execution after judgment. This practice has the tendency to, in many ways, reduce the attractiveness of Ghana as a destination for business investment .

In fact, the 2019 rankings noted that it took seven hundred and ten days (710) to enforce a contract and three hundred and thirty days (330) to enforce a judgment in Ghana. As weightier matters of execution, appeal and applications for interim reliefs pending the determination of an appeal are all matters of procedure. Accordingly,the Rules of Court Committee, in the exercise of its functions as spelt out under article 157(2) of the Constitution through Parliament, sought to close this fertile area of delays in execution processes exploited by losing parties. 

The coming into force of The Court of Appeal (Amendment) Rules, 2020, C. I. 132, was therefore viewed with delightful smile by many a litigant and their lawyers. What was however found and discovered to be a new way of doing an old thing4 and avoid repetitive applications for stay of execution both at the trial court and the Court of Appeal, in the opinion of the Supreme Court, has not achieved that objective


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