FIAKLU v. ADJANI and another

Authored by Amissah J.A., the judgment clarifies the procedural effect of appeals on the execution of judgments. It notes that recent legislation—the High Court (Civil Procedure) (Amendment) Rule, 1969 (L.I. 619)—introduced a general stay of execution during the pendency of an appeal. However, the court emphasizes that absent such special provision, an appeal does not automatically halt the operation of the lower court’s decision: the successful party may act on the correctness of the judgment until an appellate court expresses a contrary view. The court cautions that a losing party who disregards the first-instance decision merely because an appeal has been filed takes a serious risk; if the appellate court affirms the decision, any contrary acts may be declared illegal. The ruling reinforces certainty, discourages self-help, and delineates parties’ rights pending appellate review.