SHAIBU AMADU VS HFC BANK GHANA LIMITED
2018
HIGH COURT
GHANA
CORAM
- JUSTICE KWEKU T. ACKAAH- BOAFO
Areas of Law
- Civil Procedure
- Commercial Law
- Banking and Finance Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court granted the Defendant's application for a stay of execution with conditions following its judgment in favor of the Plaintiff. Despite the Defendant's claim of an appeal with a high chance of success, the Court required the Defendant to pay 50% of the sum awarded, certain costs, and ensure timely transmission of appeal records. The Court assessed the balance of hardship and emphasized the importance of judicial discretion, exceptional circumstances, and the prevention of process abuse.
i. Introduction:
[1] This is an application praying the court to stay execution of the judgment of this Court delivered on May 11, 2018 pending the determination of the appeal against the judgment at the Court of Appeal. The application has been brought on the grounds inter alia that the Defendant is ostensibly dissatisfied with the judgment of this Court and has filed a Notice of Appeal and the appeal raises substantial issues of law and has a very bright chance of success.
[2] It recalls that on the 14th day of October, 2015, the Plaintiff/Respondent (hereafter referred to as the Plaintiff) issued a writ of summons against the Defendant/Applicant, (hereafter referred to as the Defendant) for stated reliefs endorsed on the writ of summons. The Defendant entered
appearance and filed a Statement of Defence and Counterclaim. This Court after trial, entered judgment in favour of the Plaintiff and dismissed the Defendant’s Counterclaim on May 11, 2018.
ii. The Case of the Parties:
[3] The grounds upon which the instant application is premised are catalogued in the supporting affidavit sworn on May 31, 2018 by Joseph Laryea Ashong, the Head of Internal Audit of the Defendant Bank to support the application. The thrust of the Defendant’s case is that the appeal has a good chance of success and that there is a real danger of that success being rendered nugatory should the Plaintiff be allowed to levy execution of the judgment. The Defendant believes that the Plaintiff would not be able to refund the judgment debt should the Plaintiff executes the judgment and the Defendant’s appeal succeeds. Further and on the contrary, the Defendant states that it is rather well positioned to pay the judgment debt to the Defendant should it lose the case on appeal.
[4] The Defendant further posits that on the balance of convenience, it is more likely to suffer irreparable harm if this order is refused than would the Plaintiff should this order be granted. It is for these reasons that the Defendant prays this court, in the interest of justice, to stay the execution of this Court’s judgment pending the hearing and determination of the appeal. In effect the position of the Defendant is that if the appeal fails, the Plaintiff can always get his money.
[5] As would be expected, the Plaintiff is vehemently opposed to the application. In an affidavit in opposition deposed to by counsel for the Plaintiff, Mr. Kwadjoga Adawudu and filed on June 6, 2018, the Plaintiff con