JULIANA ANTWI AGYEI (MRS) v. MADAM ADWOA MANU

DOMAKYAAREH (MRS),J. A.

1. This Ruling is in respect of a Motion on Notice for Stay of Execution filed on 6th June 2016 by Counsel for on behalf of the Appellants/Applicants herein.

The suit itself was a consolidated case of three separate actions, all arising out of the administration of the estate of Samuel Antwi Agyei who died intestate, and in the main concerning House No. Plot 14 C Block D, Breman Kumasi.

At the end of the trial of the three consolidated cases judgment was given on 6th June 2008 at the High Court, Kumasi in favour of Mrs Juliana Antwi Agyei who was the plaintiff in the 1st suit and the defendant in the third suit while the action in the second suit was dismissed. The judgment granted a Declaration of title to and recovery of possession of a building plot with a dwelling house thereon numbered Plot 14 C Block D, Breman, Kumasi Ashanti and an order of perpetual injunction restraining the defendants and their privies, agents, successors etc. from interfering in the plaintiffs (Mrs Juliana Antwi Agyei’s) ownership and possession of the said house.

2. The defendant in the 1st suit and the plaintiffs in the second and third suits being dissatisfied with the judgment filed a notice of “Appeal against same on 11th July 2008 on the sole ground that the judgment was against the weight of the evidence adduced. They also filed a motion for stay of execution in the High Court on the same day pending the hearing and determination of the appeal.

On the 20th day of April 2009 the High Court dismissed the Motion for Stay of Execution. The aggrieved Appellants/Applicants made a repeat application of their motion for stay of execution to the Court of Appeal as permitted by the Rules of Court. On 17th May, 2016 this application came before a single Justice of the Court of Appeal pursuant to Article 138 of the 1992 Constitution and Section 12 of the Courts Act 1993 (Act 459).

The single Justice of the Court of Appeal dismissed the application on the said date of 17th May 2016.

Setion12 (b) of Act 459 provides as follows: -

“Section 12—Powers of Single Justice of the Court of Appeal.

A single Justice of the Court of Appeal may exercise a power vested in the Court of Appeal that does not involve the decision of a cause or matter before the Court of Appeal, except that —

(b) in civil matters any order, direction or decision made or given in exercise of the powers conferred by this section may be varied, discharged or reversed by the Court of Appe