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March 7, 2023
HIGH COURT
GHANA
CORAM
MOTION ON NOTICE FOR STAY OF EXECUTION PENDING APPEAL
The instant application has been filed on behalf of the 2nd Defendant Judgment Debtor Applicant praying the Court to stay the execution of the judgment of this Court pending appeal.
I have read through the motion paper, the supporting affidavit, the Exhibit annexed as Exhibit ENA (the Notice of Appeal).
I have also read through the affidavit in opposition and given careful consideration to the oral submissions made by both Counsel in moving and in opposing the instant application.
In applications for Stay of Execution pending Appeal, one of the main principles is that there must be special or exceptional circumstances warranting a grant of the said application. See the case of Nana Akwasi Agyemang VIII v Nana Hima Dekyi XIII [1982-83] GLR 453.
In the case of Eboe v Eboe [1961] 1 GLR 432 at 434, Ollenu J (as he then was) stated as follows:
“The court will grant a stay where the special circumstances of the case require that it should be granted…”
From a careful study of the Grounds of Appeal indicated in the Notice of Appeal (marked as Exhibit ENA), the said grounds were comprehensively discussed and analysed according to law in the judgment of this Court.
This Court in the exercise of its discretion in applications of this nature is not minded to grant the instant application.
This is because the Court is of the opinion that Plaintiff Judgment Creditor Respondent ought not to be deprived of the fruit its judgment and is bound to suffer greater hardship as against 2nd Defendant Judgment Debtor Applicant should the instant application be granted.
In summary, the 2nd Defendant Judgment Debtor Applicant has not been able to establish any exceptional or special circumstance warranting a grant of the instant application.
The Motion on Notice for an Order of Stay of Execution Pending Appeal filed on 9th August 2022 is hereby dismissed.
Costs of Five Thousand Ghana Cedis (GH¢5,000.00) is awarded against the 2nd Defendant Judgment Debtor Applicant for the Plaintiff/Judgment Creditor /Respondent.
(SGD)
AFI AGBANU KUDOMOR, J (MRS)
(JUSTICE OF THE HIGH COURT)
AI Generated Summary
Afi Agbanu Kudomor J of the High Court in Ghana refused an application by the 2nd Defendant Judgment Debtor for a stay of execution pending appeal. The Court noted it had reviewed the motion papers, supporting affidavit, the Notice of Appeal (Exhibit ENA), the affidavit in opposition, and oral submissions. Applying established principles, including the need for special or exceptional circumstances and citing Nana Akwasi Agyemang VIII v Nana Hima Dekyi XIII and Eboe v Eboe, the Court held that the Applicant had not shown any exceptional circumstance. The Court emphasized that the Plaintiff Judgment Creditor should not be deprived of the fruits of its judgment and would suffer greater hardship if a stay were granted. It therefore dismissed the motion filed on 9th August 2022 and awarded costs of GH¢5,000 against the Applicant.