THE REG.TRUSTEES OF THE PRESBY CHURCH vs NANA OTENG KORANKYE & ANOR
May 24, 2023
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP EMMANUEL AMO YARTEY (J)
Areas of Law
- Civil Procedure
- Administrative Law
May 24, 2023
HIGH COURT
GHANA
CORAM
Try asking the following...
This is an Application by the Plaintiff/Applicant praying the Court for leave to issue a Writ of Possession.
The Application was resisted by the Respondent.
Attached to the Application is an Application for an order for certiorari filed before the Supreme Court seeking to quash the order the Applicant is seeking to enforce per the instant Application.
In the circumstance I shall stay my ruling on the instant Application pending the decision of the Supreme Court.
(SGD)
EMMANUEL AMO YARTEY (J)
AI Generated Summary
In this short procedural ruling authored by His Lordship Emmanuel Amo Yartey (J), the trial court considered an application by the Plaintiff/Applicant seeking leave to issue a writ of possession to enforce an existing court order. The Respondent opposed the request. The enforcement application included, as an attachment, a copy of an application for certiorari filed in the Supreme Court, which seeks to quash the very order that the Applicant intends to enforce through the writ of possession. Acknowledging the pendency of the Supreme Court’s supervisory proceedings and the risk of inconsistent outcomes, the judge decided not to determine the enforcement application at this stage. Instead, the court stayed its ruling on the application, expressly pending the Supreme Court’s decision on the certiorari, thereby preserving judicial comity and procedural fairness.