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The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Felix v Antonelli and Another (Ruling) (J8/99/2017) [2017] GHASC 10 (20 July 2017); 
CL Index Stay of Execution Civil Remedies Suspension of Judgment Civil RemediesThe court determined that this was an application for special leave to appeal against the refusal of the Court of Appeal to discharge the order of the single judge of the Court of Appeal refusing to stay the execution of the preservation order made by the High Court.
The court determined whether the refusal to suspend the decision of the Court of Appeal could render the subsequent judgment nugatory. The court noted the difference between a stay and a suspension order. Further, the court stated that applications for the suspension of orders or decisions of lower courts where the conventional means of applying for stay of execution is not possible. The court held that the fact that the court granted the applicant leave to appeal against the ruling of the Court of Appeal was not an essential condition for the suspension of the ruling sought to be impeached. The court observed that the applicant raised the point that the failure of the application would render the subsequent judgment nugatory but failed to prove exceptional circumstances to merit the suspension of the order. Accordingly, the application was dismissed.