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LEVANDOWSKY AND ANOTHER v. ATTORNEY-GENERAL NO. 2

1970

COURT OF APPEAL

CORAM

  • APALOO
  • SOWAH
  • ARCHER JJ.A

Areas of Law

  • Civil Procedure
  • Administrative Law

AI Generated Summary

Apaloo J.A., writing for the Court of Appeal, addressed an application to neutralize an automatic stay arising from a timely appeal. Following a High Court money judgment on 23 July 1970, the respondent lodged an appeal on 29 July 1970 which, under the Court of Appeal (Amendment) Rules, 1969 (L.I. 618), stayed execution unless ordered otherwise. The judgment creditor sought in the High Court, and then renewed before the appellate court under rule 29 of the Supreme Court Rules, 1962 (L.I. 218), an order that the appeal should not operate as a stay. Counsel, Mr. Quashie‑Idun, argued for discretionary relief and contended the appeal lacked merit. The Court of Appeal declined to assess the appeal’s prospects, and, having drawn attention to the State Proceedings Act, 1961 (Act 51), section 15(4), accepted counsel’s concession that execution could not lawfully be levied against the respondent. Concluding it would be futile to issue unenforceable orders, the court refused the motion and dismissed the application.

JUDGEMENT