KOFI ANIM AKUAMUAH DARTEH & ORS. v. VINCENTIA ASANTE & ALHAJI ASUMA ABUBANDA
2004
COURT OF APPEAL
GHANA
CORAM
- B.T. ARYEETEY J.A.
- ASARE KORANG J.A.
- E.K. PIESARE, J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Probate and Succession
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice R.C. Owusu JA, writing for the Court of Appeal, considered an application by Akosua Asantewaa Akuamoa Darteh and others for a stay of execution of a High Court ruling of 14 May 2002 and, by necessary implication, the Accra High Court judgment of 13 June 1995 in suit No. 657/94 involving Vincentia Asante and Grace Osafoa Akuamoah Darteh. The 1995 judgment had awarded US$13,000, leading to the attachment and later auction of House No. 889/5, No. 3 Mayara Lane, Awudome Estate, purchased by the 2nd defendant. After multiple unsuccessful applications and a new suit seeking declaratory reliefs, Asare Korang J dismissed the plaintiffs’ amended writ and statement of claim; plaintiffs appealed and sought a stay. The Court held the 2002 ruling simply dismissed the pleadings and was not executable; and with no appeal filed against the 1995 judgment, there was no jurisdiction to stay its execution under rule 27(1) of C.I. 19. The application was dismissed; Akamba JA and Anin‑Yeboah JA concurred.
R U L I N G
R.C. OWUSU, JA -
The Plaintiffs\ Applicants are in this application, praying for an order of stay of
Execution of the ruling of His Lordship Asare Korang J(as he then was) dated 14th
May
2002 and by necessary implication, the Judgement of the Accra High Court dated 13th
June, 1995 in suit No. 657\94 between Vincentia Asante and Grace Osafoa Akuamoah
Darteh and Another , pending appeal against the ruling of 14th May 2002.
In the affidavit attached to the motion paper, Akosua Asantewaa Akuamoa Darteh, the
nd Plaintiff\Applicant, averred in paragraph 3 as follows:
“On 14th May, 2002, this Honourable Court gave a ruling dismissing our suit on
the basis that it does not disclose any reasonable cause of action. We are
dissatisfied with the said ruling and we have accordingly lodged an appeal against
same………………………..” Attached to the affidavit is the Notice of Appeal
marked Exhibit “A”
In paragraph 5 of the affidavit, the applicant avers that “ if this ruling and by necessary
implication the Judgement of the court described in the motion paper is not stayed, the
appeal shall be rendered nugatory in the event of it succeeding. Moreover, we live in the
premises the subject matter in dispute and we will suffer untold hardship, embarrassment
and oppression if this application is refused.”
Arguing the application, counsel submitted that the ruling of the court delivered on 14th
May 2002 by Asare Korang J (as he then was) cannot be divorced from the Judgment of
the Accra High Court dated 13th June 1995, delivered by His Lordship Apalloo J. in suit
No. 657\94
Counsel further contended that the ruling of the court cannot be divorced from the
judgement and that if the Judgment is executable, then the ruling is also executable.
He submitted that the case is appeallable and that there are serious issues of law which
will be canvassed on appeal and therefore was of the view that this is a proper case in
which stay must be granted.
Counsel for the Respondent opposed the application and referred to the affidavit in
Opposition. Paragraph 5 of the affidavit filed on 10\1\2003, states as follows:
“That the current application is merely yet another contrived attempt to frustrate
the ends of justice and to deprive the respondents of the fruits of their
Judgement.”
In reply to counsel for the Applicants’ submission, counsel for the Respondent’s
contended that the application is woefully misconceived. Counsel argued that every
judg