NDK FINANCIAL SERVICES LTD. v. HAROLD NTORINKANSAH & ORS
2015
COURT OF APPEAL
GHANA
CORAM
- I.O. TANKO AMADU J.A
Areas of Law
- Civil Procedure
- Commercial Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In the instant case, the Applicant sought a stay of execution and suspension of a High Court ruling pending appeal. The High Court dismissed the application, quoting precedent cases to emphasize that non-executable orders do not warrant stays of execution. Additionally, it was held that suspension orders could only be granted under very exceptional circumstances, which were not demonstrated in this case. Consequently, both legs of the Applicants application were dismissed.
(1) In this application, the 2nd Defendant/Appellant/Applicant hereinafter referred to as the Applicant seeks relief formulated as follows: “an order for stay of execution of the proceedings in relation to and or for an order suspending the ruling of the High Court dated 20/04/2015 pending appeal”.
(2) The relevant concluding paragraph of the ruling complained of is couched in the following words: “Consequently, I will hold that the application is without merit and same is dismissed. Each party is to bear its own cost”.
(3) In the notice of appeal filed from the said ruling the Applicant seeks two reliefs. They are:-
(i) reversal of the decision of the Court below.
(ii) an order staying execution of all interests calculated on the
judgment as initially entered subsequent to the judgment of the
High Court (Commercial Division) Accra, dated the 8th day
December 2010.
(4) The application is supported by an exhaustive affidavit and a supplementary affidavit together with copious attachments. The Plaintiff/Respondent/Respondent hereinafter referred to as the Respondent opposed the application and has deposed to an affidavit in opposition in which it asserts inter alia that having already paid part of the judgment debt the Applicant is estopped from complaining about the execution of the balance on it.
(5) From my examination of the contents of Exhibit ‘A’ the ruling appealed from attached to the Respondent’s affidavit in opposition, I find nothing in the language applied by the Learned Judge which will have to be enforced by any of the processes of execution cognizable under the rules of court for an order for stay of execution however described to be properly granted by this court. In order words, the ruling contains nothing that is executable. I note that in his oral submissions learned counsel for the Applicant referred to several legal authorities to support his contention. With all due respect to Applicant’s counsel, I do not find the authorities cited as supportive of the Applicant’s prayer for stay of execution of the proceedings in relation to the ruling appealed from nor for that matter anything related to the said ruling which clearly contains no speaking orders and therefore non-executable.
(6) Relying on the principle in the case of ANANG SOWAH V. ADAMS [2009] SC GLR 111 (cited by Applicant’s counsel) where the Supreme Court held at page 115 that “…………if the judgment or decision appealed against is non-executable then the question of sta