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MS. AURELIA LEWIS VS PRE VAS MOTORS

2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP GEORGE K. KOOMSON ‘J’.

Areas of Law

  • Civil Procedure

AI Generated Summary

In the High Court, Justice George K. Koomson determined an application for stay of execution pending appeal following a monetary judgment with costs. The judge reviewed the application and the affidavits filed by the parties, and considered the oral submissions of the Applicant’s Counsel. Although he stated he was not fully convinced by the grounds canvassed for the stay, he applied the principles governing such applications and weighed the convenience and hardship to both the judgment debtor (Applicant) and the judgment creditor (Respondent). In the exercise of discretion, the court granted a stay on terms intended to fairly balance interests and minimize prejudice during the pendency of the appeal. The order requires the Defendant/Applicant to pay 50% of the judgment debt, including costs, within fourteen days to the Plaintiff/Respondent, thereby securing part of the award while permitting appellate review.

RULING