ALROTECH CO. LTD v. NII OTSI ATTA IV & ORS
2016
COURT OF APPEAL
GHANA
CORAM
- P. K GYAESAYOR JA (Presiding)
- IRENE LARBI (MRS) JA
- A. LOVELACE-JOHNSON JA
Areas of Law
- Civil Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The court set aside the single judge's order for stay of execution dated January 26, 2016, on the grounds that the applicants would suffer undue harm and there were no executable orders aside from costs and damages in the judgment. The respondents had not appealed previous judgments, and thus, the balance of convenience favored the applicants.
JUDGEMENT
GYAESAYOR, JA
The ruling sought to be varied is dated 26th January 2016. It stayed the execution of the judgment dated 14th April 2015 pending appeal. That judgment was delivered by Justice Abdullah Iddrisu. An application for stay of execution was refused by the judge on 31st July 2015. The reason being that there is no executable order made in the judgment.
All judgments and applications have been resolved in favour of the present applicant. The respondents have not appealed against the judgments delivered by Justice Abodakpi on 30th April 2013 and that delivered by Justice Ofori Atta on 2nd December 2008. Even now they cannot appeal in view of the time limits given for appeals by Rule 9 of C. I. 19.
Indeed at page 30 of the judgment apart from the order for the costs and damages, does not contain any executable orders. We find no exceptional circumstances warranting the grant of the stay.
The applicant who has been found to have lawfully acquired the land and gave out portion to third parties for development are under sustained pressure to deliver to them lands they had paid for. In our view the applicants on the balance of convenience stand to suffer most. Other orders made by Justice Iddrisu in the judgment only re-echo what the two previous judgments have already made and which have not been appealed. To us it is unfair that the applicant was being denied the benefits conferred by these judgments as well as other judgments. We are in favour of varying the order of the single judge by setting it aside since we find nothing wrong with the ruling of the court below refusing the application for stay. We with due respect set aside the order of the court dated 26th January 2016. For the avoidance of doubt the order of stay of execution granted by the single justice of this court, dated 26th January, 2016 is hereby set aside.
SGD
P. K. GYAESAYOR
(JUSTICE OF APPEAL)
SGD
LARBI, JA I AGREE IRENE LARBI (MRS.)
(JUSTICE OF APPEAL)
SGD
LOVELACE-JOHNSON, JA I ALSO AGREE A.LOVELACE-JOHNSON
(JUSTICE OF APPEAL)