I think if the learned judge’s attention had been drawn to the pendency of the motion to stay proceedings at the Court of Appeal by exhibiting a copy of the motion to the letter he could have commented on it before proceeding to hear the case. It should, however be pointed out that the trial judge’s jurisdiction to hear the case on the 1/12/2008 was not destroyed by the pendency of the motion to stay proceedings as the Court of Appeal. Counsel did not assist the court with even a single decided case on this point. A stay of execution is conceptually different from stay of proceedings in legal proceedings.
THE REPUBLIC V. FAST TRACK HIGH COURT; EX PARTE SIAN GOLDFIELDS CIVIL MOTION NO. J5/8/2009 [2009] SLR (SC) 1 · Supreme Court · 2009 · ANIN YEBOAH JSC
Read it in the judgment