Anim and Others Vrs Asante and Another [2004] GHACA 26 (30 January 2004)

Anim and Others Vrs Asante and Another [2004] GHACA 26 (30 January 2004)

The ruling of 14th May 2002 is not executable as it merely dismisses the suit, and there is no appeal against the 1995 judgment which is executable. Therefore, the application for stay of execution is misconceived and must be dismissed.

Citation
[2004] GHACA 26
Parties
Plaintiffs/applicants/appellants: Kofi Anim Akuamoah Darteh & Others; Defendant/respondent: Vincentia Asante; Defendant/respondent: Alhaji Asuma Abubanda
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
30 January 2004
Procedural Posture
Civil Motion / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeals, Auction Sales, Judgment Enforcement
Source Language
English
Civil Procedure Property Law Stay of Execution Appeals Auction Sales Judgment Enforcement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Kofi Anim Akuamoah Darteh & Others

Plaintiffs/applicants/appellants

Vincentia Asante

Defendant/respondent

Alhaji Asuma Abubanda

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the ruling of 14th May 2002 is executable and capable of being stayed pending appeal
  2. 2 Whether the court has jurisdiction to stay execution of the judgment of 13th June 1995 in absence of an appeal against it

Ratio Decidendi

The ruling of 14th May 2002 is not executable as it merely dismisses the suit, and there is no appeal against the 1995 judgment which is executable. Therefore, the application for stay of execution is misconceived and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application for stay of execution is dismissed