DANIEL OFORI vs MAHAMA MUMUNI KAPPIAH & ANOR
December 23, 2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY J.
Areas of Law
- Civil Procedure
December 23, 2022
HIGH COURT
GHANA
CORAM
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.
This is an Application by the 1st Defendant/Applicant praying the Court for an order staying the execution of the Judgment of this Court dated the 18th day of March, 2022 pending the Appeal lodged by the Applicant against the said Judgment.
The Application was resisted by the Plaintiff/Respondent.
I have critically examined the Application as well as the Affidavit in Opposition and I see no merits in same.
In the circumstance, I accordingly dismiss the Application.
Cost of GH¢2000 against the Applicants.
(SGD)
EMMANUEL AMO YARTEY (J)