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DANIEL OFORI vs MAHAMA MUMUNI KAPPIAH & ANOR

2022

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP EMMANUEL AMO YARTEY J.

Areas of Law

  • Civil Procedure

AI Generated Summary

His Lordship Emmanuel Amo Yartey J. ruled on a post-judgment motion in which the 1st Defendant/Applicant sought an order staying the execution of this Court’s judgment dated 18 March 2022, pending an appeal the Applicant had lodged. The Plaintiff/Respondent opposed the motion. After critically examining the application and the affidavit in opposition, the Court found the request lacked merit. In the circumstances, the Court dismissed the application and awarded costs of GH¢2000 against the Applicants. The ruling underscores that stays of execution pending appeal are discretionary and require a persuasive showing; absent such merit, the Court will not halt enforcement of its judgment. No authorities or statutes were cited, and the decision is a concise disposition of the application and the associated costs order.

RULING