ALTROM GROUP vs A. A. MINERALS LIMITED & 3 ORS.

This is a Ruling on the Motion for Stay of Execution Pending Appeal moved on behalf of Defendants/Applicants earlier on in the day. I have read through the Motion Paper, Affidavit in Support and the attached Exhibits.

I have also read through the Affidavit in Opposition and attached Exhibits.

Careful consideration has been given to the submissions made by both Counsel in moving and in opposing the instant application as well as the authorities cited.

The Court is however not minded to grant the instant application.

This is because Applicant was not able to establish any exceptional circumstance warranting a grant of the instant application.

In the case of United Bank of Africa Vrs Chase Petroleum & 3 Ors. (2019) JELR 67966 (HC), it was held that a Court ought not to Stay Execution unless there are exceptional circumstances warranting a grant because it is well established that a litigant should not be denied the fruits of his victory in Court.

See also the case of Livingstone Djokoto & Anor. Vrs. BBC Industries Company (Ghana) Limited [2011] 39 GMJ16 @ 21 – 24.

In the matter before this Court, the Arbitral Award which is the subject matter of the appeal was delivered on 4th June, 2018 which this Court on 14th July, 2022 subsequently granted leave to Plaintiff/Respondent to enforce as Judgment of this Court.

This was after Applicants had filed processes aimed at setting aside the said Arbitral Award had been dismissed by the Court.

It is based on these same grounds in the said processes that the instant application was filed.

The Court is of humble opinion that the grounds canvassed by Applicant as giving rise to the instant application do not merit a grant.

Under the circumstance, the instant application which is a Motion on Notice for Stay of Execution Pending Appeal filed on 21st March, 2023 is hereby dismissed.

Cost of Ten Thousand Ghana Cedis (GH¢10,000.00) is awarded against Defendants/Applicants for Plaintiff/Respondent.

(SGD)

AFI AGBANU KUDOMOR, J (MRS.)

(JUSTICE OF THE HIGH COURT)