CONSTANCE GYANTUAH v. AGNES BAAWAMIA
2015
COURT OF APPEAL
GHANA
CORAM
- M. AGYEMANG (MRS) JA - SINGLE JUDGE
Areas of Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case concerns an application for the extension of an existing six-month stay of execution pending appeal. Initially granted on 10th February 2015 and set to expire on 30th June 2015, the applicant sought an extension citing procedural delays in the appeal process, primarily due to the misplacement of documents. The respondent opposed the extension, stating that no exceptional circumstances justified the request and that the hardship balance favored her relocation efforts. After reviewing the diligence of the applicant and procedural delays out of their control, the court granted a three-month extension, deemed necessary and fair under the circumstances.
This is a ruling in respect of an application for the extension of the duration of an order for stay of execution made by this court on
10th February 2015 which order was made to last for six months –
until 30th June 2015.
The application is supported by a nine-paragraph affidavit sworn to by Sean Kojo Poku, one of the solicitors for the applicant who deposed that he had the authority and consent of the defendant/appellant/applicant (referred to as the applicant), so to do.
According to the deponent, upon a judgment in a suit brought by the plaintiff/respondent/respondent against the applicant and two others at the High Court, this court presided over by Kanyoke JA on the 10th of February 2015, granted a stay of execution pending appeal upon terms, being that it would be valid for six months, lapsing on the 30th of June 2015. The duration was fixed with
regard to the period the appeal would be prosecuted and disposed of by this court in the matter.
According to the deponent, despite the feverish pursuit of the compilation and reproduction of the record to enable same to be transmitted to this court, Form 6 has not been issued to enable the parties file their written submissions. He deposed that the delay in the compilation was the result of some of the documents being misplaced. Matters now having been resolved, the record had been forwarded to the Registrar for proof-reading, towards the issuance of the Form 6. Furthermore, a draft written submission had been concluded and same was attached to the affidavit.
Deposing that the circumstances of the case, as well as the judgment raised serious questions of law for the determination of this court, he thus prayed the court to extend the duration of the order for a stay of execution.
In argument, learned counsel argued that the learned Kanyoke JA, sitting as single judge of this court found that both parties had some claim to the land in dispute. He contended that the applicant had been in possession of the land for a long time and the single judge of this court took cognisance of that and the efforts being made by the applicant to have the appeal heard, to make the order limiting the duration of the order for stay of execution for six months. He reiterated that the delay in bringing the appeal to a hearing was not caused by the applicant who desirous of having the appeal heard, had done everything to fulfil the conditions. Thus did he pray that the application be granted and time extended for a further