AMAPH V AMOABENG & ANOR (A1/01/2024) [2024] GHADC 520 (14 October 2024)

AMAPH V AMOABENG & ANOR (A1/01/2024) [2024] GHADC 520 (14 October 2024)

The applicant failed to demonstrate exceptional circumstances or that refusal of stay would render the appeal nugatory; the balance of hardship tilts against the applicant.

Citation
[2024] GHADC 520
Parties
Applicant: Abdulai Ampah; Respondent: Kofi Amoabeng; Respondent: Akua Afra
Court
District Court
Jurisdiction
Ghana
Judgment Date
14 October 2024
Case Number
A1/01/2024
Procedural Posture
Land Dispute / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution dismissed
Legal Topics
Stay of Execution, Appeal, Judicial Discretion, Costs
Source Language
English
Civil Procedure Land Law Stay of Execution Appeal Judicial Discretion Costs

Case Brief

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Parties

Abdulai Ampah

Applicant

Kofi Amoabeng

Respondent

Akua Afra

Respondent

Procedural Posture

Land Dispute / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution pending appeal
  2. 2 Whether refusal to grant stay would render the appeal nugatory
  3. 3 Whether there are exceptional circumstances warranting a stay

Ratio Decidendi

The applicant failed to demonstrate exceptional circumstances or that refusal of stay would render the appeal nugatory; the balance of hardship tilts against the applicant.

Court Disposition

Application for stay of execution dismissed

Orders

  • No order as to costs