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AMAKYIE v. ABABIO AND ANOTHER

June 8, 1983

COURT OF APPEAL

GHANA

CORAM

  • JIAGGE
  • FRANCOIS
  • MENSA BOISON JJ.A

Areas of Law

  • Civil Procedure

AI Generated Summary

This Court of Appeal motion arose from a chieftaincy dispute over the Ntrotroso stool. The Gyasehene and the newly-installed Ntrotroso chief asked the Brong-Ahafo Regional House of Chiefs to take custody of the stool properties, which the regional house ordered on 22 October 1980. Although the defendant lodged a notice of intention to appeal to the National House of Chiefs, that appeal stalled. The High Court, Sunyani, granted a writ of delivery on 25 June 1981; after the defendant’s resistance and failed application to set aside, Hayfron J. ordered execution on 12 February 1982. Sapong J. refused stay on 22 March 1982 and the deputy sheriff executed the next day. In the Court of Appeal, the defendant sought to set aside execution, invoking rule 27. The court held the execution was not irregular absent an appeal against the refusal of stay, and further ruled that, until an appeal is ‘entered,’ interim applications belong in the High Court. The application was dismissed.

Judgement