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GHASSOUB v. BIBIANI WOOD COMPLEX LTD.

May 3, 1983

COURT OF APPEAL

GHANA

CORAM

  • ABBAN JJ.A.
  • MENSA BOISON
  • EDUSEI

Areas of Law

  • Civil Procedure

AI Generated Summary

Edusei J.A., delivering the Court of Appeal’s ruling, considered an application by the applicant—represented by counsel Nyanor—for a stay of execution pending appeal following a High Court judgment producing a debt of ¢150,366.36 and costs of ¢8,000. A central arguable issue on appeal concerned service: whether service on a visitor in a solicitor’s office amounts to service on the solicitor under the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). The respondent’s counsel, Owusu Bempah, pointed to the lower court’s order directing three‑quarters of the debt plus costs to be paid to the plaintiff, with one‑quarter paid into court, and urged refusal of the stay. Concluding the appeal raises arguable points and that a stay was proper, the appellate court granted a full stay over the entire judgment debt and costs. Because the lower court had virtually dismissed the stay motion and awarded ¢1,000 against the applicant, the Court of Appeal awarded ¢1,000 to offset that costs award and granted the application.

JUDGMENT