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THE COMMISSIONER OF CHRAJ & ORS VS GHANA NATIONAL FIRE SERVICE & ANOR

January 22, 2019

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI

Areas of Law

  • Civil Procedure
  • Employment Law
  • Human rights Law
  • Administrative Law

AI Generated Summary

In an application dated 20/05/2018, the Ghana National Fire Service sought a stay of execution of a High Court judgment delivered on 23/04/2018, asserting through Divisional Officer Edmund A. Nai that an appeal had been filed raising serious legal issues and warning that paying a monetary award exceeding GH2300,000 to the Respondents might be irrecoverable if the appeal succeeded. The Notice of Appeal filed on 17/07/2018 alleged error in ordering reinstatement and challenged the finding of unlawful dismissal. CHRAJ, via Senior Assistant Registrar Tettey Amediku, opposed, contending the Applicants offered no adequate reason and highlighting greater hardship to the Respondents. Restating the established stay criteria, the Court found no exceptional circumstances and no demonstrated error in the underlying judgment, characterizing it as enforcement of social and economic rights rather than constitutional interpretation. On the balance of convenience, hardship to Respondents weighed against a stay. The motion was dismissed without costs.

RULING