DE SIMONE LIMITED vs OLAM GHANA LIMITED

This Ruling is in respect of a Motion on Notice for Stay of Execution of the Judgment of this Court which is dated 10th January, 2020.

I have read through the Motion Paper, Affidavit in Support, the Supplementary Affidavit in Support with attached Exhibits.

I have also read through the Affidavit in Opposition and given careful consideration to the written submissions filed by Counsels on both sides on behalf of the Parties.

In the case of Djokoto & Anor v. BBC Industries Co. (Ghana) Ltd & Anor [2011] 2 SCGLR 825, the Supreme Court set down the following principles for the grant or refusal of an application for Stay of Execution pending Appeal:

1. Whether the appeal would be rendered nugatory should the Court dismiss the application and the Appellant wins on appeal.

2. Whether the appeal discloses arguable points of law to be decided by the Appellate Court.

3. Whether the balance of hardship would fall on the Appellant where the application is refused.

4. Whether there are exceptional circumstances meriting a grant of the application.

Applying these principles to the Affidavit Evidence in respect of the instant application, this Court ought to consider whether or not the appeal against the Judgment of this Court if successful will be rendered nugatory should the application for stay of execution be granted.

The Judgment of this Court requires Applicant to pay to Respondent an amount of money which is the Judgment Debt.

This Court is of the opinion that should the said appeal succeed, Respondent being a going concern will be in a position to pay to Applicant the Judgment Debt when required to do so.

On the balance of hardships, this Court has taken cognizance of the current economic hardships affecting all businesses in the country.

In the absence of any proof by Affidavit Evidence that Applicant will suffer more hardship should the instant application be refused, this Court is of the humble opinion that Applicant will not suffer substantial hardship because Respondent will be in a position to pay to Applicant the Judgment Debt when required to do so (that is, in case the appeal against the Judgment of this Court succeeds).

On the issue of whether or not the grounds of appeal disclose arguable points of Law, this Court will desist from going into the merits of the grounds of appeal especially as the said Judgment was delivered by the Court differently constituted after trial.

However, as already discussed the primary consideration for thi