AGRITLITY DISTRIBUTION LIMITED BRS ETHIOPIAN AIRLINE (CM/OCC/0233/2022) [2024] GHAHC 314 (13 June 2024)

IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE [COMMERCIAL DIVISION] HELD IN ACCRA ON 13TH JUNE, 2024 BEFORE HIS LORDSHIP JUSTICE EMMANUEL ATSU LODOH CM/OCC/0233/2022 AGRITILITY DISTRIBUTION LIMITED PLAINTIFF/RESPONDENT HAADZI STREET AVENOR ACCRA VRS ETHIOPIAN AIRLINES DEFENDANT/AAPLICANT COCOA HOUSE KWAME NKRUMAH AVENUE ACCRA Read in Court RULING ON MOTION ON NOTICE FOR AN ORDER TO STAY PROCEEDINGS PENDING APPEAL I have had regard to the affidavits filed by the parties in this matter, I have also had regard to the oral submission by Counsel for Defendant/Applicant regarding the application to stay proceedings in this matter pending the determination of an appeal against the court’s decision dated 16th April, 2024. Firstly, I find that the only reason for filing the instant application is that they are aggrieved at the decision of the court and that the appeal has a good chance of success. I however find that they failed to demonstrate to the court, the basis for their claim that the appeal has a strong chance of success. 1 of 2 Be that as it may, I accept the submissions of counsel for the Defendant/Applicant that this ruling for which the appeal has been launched is dispositive of the case. This reason to my mind is significantly compelling. Since good case management practice requires that dispositive matters be dealt with first instead of engaging in the drudgery of a long trial process. Accordingly, the application is hereby granted as prayed. Proceedings in this matter is hereby stayed to abide the decision of the court of appeal. Case adjourned sine die. EMMANUEL ATSU LODOH J. HIGH COURT JUDGE 2 of 2