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FRANCIS VIDAL LARYEA VS FINALI VENTURES LIMITED

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE NABEELA NAEEMA WAHAB MS.

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Contract Law

AI Generated Summary

After a 18 December 2023 High Court judgment arising from a 1998 sublease for a 0.46-acre parcel in Accras Airport Hills, the defendant limited liability company filed an appeal and sought a stay of execution. The plaintiff, an accountant residing in the United Kingdom, admitted breaching covenants to pay outgoings but said he needed a proper assessment of his total indebtedness; the court ordered the company to provide that assessment within three months and directed access two weeks after payment. In this stay application, the High Court analyzed Order 43 rule 11 of C.I. 47 and Supreme Court guidance on stays, held the application was not premature and that the judgment had executable consequences, but found the applicant failed to demonstrate exceptional circumstances, hardship, or that refusal would render the appeal nugatory. The court refused the stay and awarded costs of GHS 3,000 against the company.

RULING