HACHEM HASSAN & 2 ORS. vs HUSSEIN MOHAMMED FAKHRY & ANOTHER

This is a Motion on Notice for Stay of Execution Pending Appeal.

I have read through the Motion Paper, Affidavit in support and exhibits annexed thereto.

I have also read through the Affidavit in Opposition and exhibits annexed and given careful consideration to the submissions by both Counsel in support of and in Opposition to the instant application.

The Court is minded to grant the instant application.

This is in Order for the appeal against the 6th April, 2023 Ruling of this Court not to be rendered nugatory in the event that the said appeal is successful. See the case of Livingstone Djokoto v BBC Industries Limited [2017] SCGLR 825 @ 830.

On the balance of convenience the Court is minded to exercise its discretion by granting the application for stay of execution as 2nd Defendant is likely to bear the brunt of greater hardship should the said application be refused.

The Motion for Stay of Execution of the ruling of this Court dated 6th April, 2023 pending appeal is hereby granted.

There will be no order as to cost.

(SGD)

AFI AGBANU KUDOMOR, J (MRS.)

(JUSTICE OF THE HIGH COURT)