BAFFOE-BONNIE JSC:

This is an interlocutory appeal against the ruling of the Court of Appeal dated 13th day of December, 2022. For purposes of clarity, the Plaintiff/Appellant/Respondent herein shall conveniently be described as the Plaintiff, whereas the Defendants/Respondent/Appellants shall be described as the Defendants. The brief facts of this case are that the Plaintiff commenced an action in the High Court, Accra against the Defendants for declaration of title amongst other reliefs. The High Court delivered judgment in favour of the Defendants. The Plaintiff appealed against the decision to the Court of Appeal and subsequently filed a motion for stay of execution at the first instance in the Court of Appeal. The motion for stay of execution was opposed by the Defendants. The Court of Appeal having heard all parties granted the Application for stay of execution. It is worthy of note that this was the time of the introduction of the amendment of Rules 1(a) and 3 of the Court of Appeal (Amendment) Rules, 2020 (C.I 132) which occasioned many uncertainties in the legal fraternity. Subsequently the Defendants filed an application to set aside the decision of the Court of Appeal granting the stay of execution on the basis that the decision was null and void but same was refused. Dissatisfied with the Ruling of the Court of Appeal, the Defendants have filed an appeal against the said Ruling dismissing the application to set aside the Court of Appeal’s decision dated 15th November, 2021 on the following grounds;

a. Error of Law: The Court of Appeal lacked jurisdiction to hear the application when they granted the Plaintiff/Appellant/Respondent/Respondent application for stay of execution on the 15th day of November, 2021. The Court of Appeal on the 15th day of November granted the Plaintiff/Appellant/Applicant’s application for stay of execution pending appeal of the judgment of the High Court Judgment dated the 19th day of March 2021 when the application was one of first instance and the record of appeal was not before the Court of Appeal.

b. Error of Law: The Court of Appeal decision dated the 15th day of November 2021 was void as the application for stay of execution by the Plaintiff/Appellant/Applicant/Respondent was one of first instance and the Court of Appeal was not seized with the appeal.

c. Error of law: The Court of Appeal decision dated 13th day of December 2022 stating “We are of the view tha