Anim and Others Vrs Asante and Another [2007] GHACA 20 (30 January 2007)

Anim and Others Vrs Asante and Another [2007] GHACA 20 (30 January 2007)

The ruling of 14th May 2002 is not executable as it merely dismisses the suit and does not require any act or abstention; therefore, no stay of execution can be granted. Furthermore, there is no appeal against the substantive judgment of 13th June 1995, which alone is executable, and thus the application is misconceived and must be dismissed.

Citation
[2007] GHACA 20
Parties
Plaintiffs/applicants: Kofi Anim Akuamoah Darteh & Others; 1st Defendant/respondent: Vincentia Asante; 2nd Defendant/respondent: Alhaji Asuma Abubanda
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
30 January 2007
Procedural Posture
Civil Motion / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeals, Execution of Judgments, Auction Sales, Declaratory Relief
Source Language
English
Civil Procedure Property Law Stay of Execution Appeals Execution of Judgments Auction Sales Declaratory Relief

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Parties

Kofi Anim Akuamoah Darteh & Others

Plaintiffs/applicants

Vincentia Asante

1st Defendant/respondent

Alhaji Asuma Abubanda

2nd Defendant/respondent

Procedural Posture

Civil Motion / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution can be granted in respect of a ruling dismissing a suit for disclosing no reasonable cause of action
  2. 2 Whether the ruling of 14th May 2002 is executable
  3. 3 Whether the application for stay of execution is properly before the court in the absence of an appeal against the substantive judgment

Ratio Decidendi

The ruling of 14th May 2002 is not executable as it merely dismisses the suit and does not require any act or abstention; therefore, no stay of execution can be granted. Furthermore, there is no appeal against the substantive judgment of 13th June 1995, which alone is executable, and thus the application is misconceived and must be dismissed.

Court Disposition

Application dismissed