Nii Tettey Opremereh Ii and Another Vrs Komex Ltd and Others [2021] GHASC 7 (17 February 2021)

Nii Tettey Opremereh Ii and Another Vrs Komex Ltd and Others [2021] GHASC 7 (17 February 2021)

The applicant demonstrated exceptional circumstances, including arguable points of law, risk of irreparable harm, and newly discovered evidence, justifying a stay of execution pending appeal to prevent the appeal from being rendered nugatory and to avoid hardship and further litigation.

Citation
[2021] GHASC 7
Parties
Plaintiff/respondent: Nii Tettey Opremereh II; Plaintiff/respondent: Nii Adam Sorsey; 1st Defendant: Komexa Limited; 2nd Defendant/appellant/applicant: Lands Commission; 3rd Defendant: Omari Computer Systems; 4th Defendant/respondent: Nii Tettey Kpobi Tsuru II; 5th Defendant/respondent: Ebenezer M. Akogyeram (deceased) substituted by Nii Sowah Ako Odoi & Nii Mensah Nyekpea-Enehu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
17 February 2021
Procedural Posture
Civil Motion / Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution granted.
Legal Topics
Compulsory Acquisition, Compensation for Land, Stay of Execution, Injunctions
Source Language
English
Land Law Civil Procedure Compulsory Acquisition Compensation for Land Stay of Execution Injunctions

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Parties

Nii Tettey Opremereh II

Plaintiff/respondent

Nii Adam Sorsey

Plaintiff/respondent

Komexa Limited

1st Defendant

Lands Commission

2nd Defendant/appellant/applicant

Omari Computer Systems

3rd Defendant

Nii Tettey Kpobi Tsuru II

4th Defendant/respondent

Ebenezer M. Akogyeram (deceased) substituted by Nii Sowah Ako Odoi & Nii Mensah Nyekpea-Enehu

5th Defendant/respondent

Procedural Posture

Civil Motion / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated exceptional circumstances to warrant a stay of execution pending appeal
  2. 2 Whether the execution of the Court of Appeal judgment would render the appeal nugatory if not stayed

Ratio Decidendi

The applicant demonstrated exceptional circumstances, including arguable points of law, risk of irreparable harm, and newly discovered evidence, justifying a stay of execution pending appeal to prevent the appeal from being rendered nugatory and to avoid hardship and further litigation.

Court Disposition

Application for stay of execution granted.

Orders

  • Execution of the judgment of the Court of Appeal dated 28th November 2019 is stayed pending determination of the appeal.
  • Processing of any transaction or documents in respect of the area in dispute is suspended by the applicant pending final determination of the appeal.