EVANS ADU MENSAH v. ALICE ARTHUR
March 20, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Family Law
- Civil Procedure
March 20, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Kweku T. Ackaah-Boafo considered a motion to stay execution of a Family and Juvenile Court A custody judgment dated 11 July 2018 pending appeal. The Applicant, represented by Marigold Allotey (Mrs.), argued the lower court failed to prioritize the childs best interests and emphasized lifestyle differences, including living in an air-conditioned storey home and the childs enrollment in Burton International School with a paid year of fees. He also challenged the Gh300 maintenance order and arrears. The Respondent mother opposed, deposing that the Applicant avoided compliance and that the judgment was consistent with relevant law. After outlining settled principles governing stays (exceptional circumstances, hardship, status quo ante, and nugatory appeal concerns), the Court found no exceptional circumstances, criticized the Applicants self-help tactics, and held the balance of hardship favored the Respondent and child. Separately, bound by Supreme Court authority and Article 129(3), the Court held the process incompetent for lack of a Solicitors license number. The application was refused with costs of Gh3,000.
MOTION ON NOTICE FOR STAY OF EXECUTION PENDING APPEAL
i. Introduction:
[1] This is an application by Applicant/Appellant/Applicant herein praying that the execution of the Judgment of the Family and Juvenile Court “A” located at the former Commercial Building in Accra dated 11th July, 2018 be stayed pending the determination of the appeal filed at this Court. The application has been brought on the grounds inter alia that the Lower Court failed to take into consideration the best interest of the child and therefore the Applicant/Appellant/Applicant who is dissatisfied with the judgment of the Court presided over by Her Worship Mrs. G.A. Eshun with panel members have filed a Notice of Appeal and the appeal raises substantial issues of law and has a very bright chance of success.
[2] Further to the filing of the Notice of Appeal the Applicant is by this application praying the court to stay execution of the judgment of the Court referenced above pending the determination of the appeal filed. The application was filed on November 28, 2018 which was the same day the District Court refused the initial application for Stay of Execution filed and argued by the Applicant in that Court. To that extent this is a repeat application before this Court.
[3] The grounds upon which the instant application is premised are catalogued in the supporting affidavit sworn to by Evans Adu Mensah of unnumbered house, Omanjor Accra dated November 28, 2019 and a supplementary affidavits of Robert Allotey Esq. dated January 18, 2019 respectively in support of application. The thrust of the Applicant’s case is that the appeal filed “is not frivolous and contain merit and surely will be successful” despite the refusal of the earlier application for stay of execution by Her Worship, Dora Gloria Araba Eshun (Mrs.) on November 28, 2018. Further, the Applicant contends that the appeal filed raises substantial issues of law and therefore there is the need to stay execution of the judgment pending the outcome of the appeal. According to the Applicant, the Court in granting custody to the Respondent failed to take into consideration the fact that the order will radically change the dynamics of the pattern of the life of the child.
[4] It is further deposed that the Respondent lives in a two-room apartment, colloquially known as a “chamber and hall” whilst the Applicant lives in an air-conditioned storey building with his children and therefore changing the custody arrangement is