Jeleel Company Gh. Limited Vrs Zion Energy Limited & Anor [2022] GHASC 74 (2 March 2022)

Jeleel Company Gh. Limited Vrs Zion Energy Limited & Anor [2022] GHASC 74 (2 March 2022)

The application for stay of execution fails because the applicant did not comply with mandatory procedural requirements under Order 43 r (3) of C.I. 47, specifically the lack of notice to affected parties and failure to specify the land in the writ of possession, rendering the execution void.

Citation
[2022] GHASC 74
Parties
Plaintiff/respondent/appellant/applicant: Jeleel Company GH. Limited; Defendant/debtor: Zion Energy Limited; Applicant/appellant/respondent/respondent: Trassacco Furniture Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
2 March 2022
Procedural Posture
Civil Motion / Supreme Court Application for Stay of Execution
Outcome
Application for Stay of Execution dismissed.
Legal Topics
Stay of Execution, Writ of Possession, Default Judgment, Appeals, Procedural Irregularity
Source Language
English
Civil Procedure Land Law Stay of Execution Writ of Possession Default Judgment Appeals Procedural Irregularity

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Parties

Jeleel Company GH. Limited

Plaintiff/respondent/appellant/applicant

Zion Energy Limited

Defendant/debtor

Trassacco Furniture Limited

Applicant/appellant/respondent/respondent

Procedural Posture

Civil Motion / Supreme Court Application for Stay of Execution

Legal Issues

  1. 1 Whether leave was required before filing the appeal and application for stay of execution
  2. 2 Whether the execution of the writ of possession complied with mandatory procedural requirements under Order 43 r (3) of C.I. 47
  3. 3 Whether the lack of specificity in the description of the land renders the writ of possession and its execution void

Ratio Decidendi

The application for stay of execution fails because the applicant did not comply with mandatory procedural requirements under Order 43 r (3) of C.I. 47, specifically the lack of notice to affected parties and failure to specify the land in the writ of possession, rendering the execution void.

Court Disposition

Application for Stay of Execution dismissed.

Orders

  • Application for Stay of Execution is dismissed.