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March 27, 2023
HIGH COURT
GHANA
CORAM
The Court has heard arguments from both counsel for and against an application for stay of execution pending appeal in this matter. The Court has also perused the affidavit attached and the exhibits. The authorities are legion that a party must show exceptional circumstances in order for such an application to succeed. The authorities are also clear that mere filing of the notice of appeal do not stay execution. See Northern Regional Development Corporation v Haruna [1989-1990] GLR 340. This Court is of the considered opinion and serving all the process that nothing has been canvassed to show exceptional process for which stay should be granted in this matter. Should in case the appeal succeed, the judgment would not be rendered nugatory since the Plaintiff is in a position to refund or compensate the Defendant. Costs of GHC5,000.00 is awarded in favour of Plaintiff/Respondent/Respondent against the Defendant/Appellant/Applicant.
(sgd)
H/L JANE HARRIET AKWELEY QUAYE (MRS.)
M.A. (JUSTICE OF THE HIGH COURT)
AI Generated Summary
In this High Court ruling, Her Ladyship Jane Harriet Akweley Quaye (Mrs.), Justice of the High Court, determined an interlocutory application for stay of execution pending appeal brought by the Defendant/Appellant/Applicant. After hearing arguments from both counsel and reviewing an affidavit with exhibits, the Court applied settled authorities requiring exceptional circumstances to justify a stay. The Court reiterated that the mere filing of a notice of appeal does not stay execution, citing Northern Regional Development Corporation v Haruna [1989-1990] GLR 340. Finding no exceptional circumstances and concluding that any successful appeal would not be rendered nugatory because the Plaintiff/Respondent/Respondent could refund or compensate, the Court refused the application and awarded costs of GHC5,000.00 in favor of the Plaintiff/Respondent/Respondent.