Opremereh Ii & Anor Vrs Komexa Limited & 4 Ors [2021] GHASC 114 (17 February 2021)

Opremereh Ii & Anor Vrs Komexa Limited & 4 Ors [2021] GHASC 114 (17 February 2021)

The applicant demonstrated exceptional circumstances justifying a stay of execution, including arguable points of law, risk of irreparable harm, and leave to adduce fresh evidence on compensation payment; thus, the application for stay is granted.

Citation
[2021] GHASC 114
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 granted
Legal Topics
Compulsory Acquisition, Compensation, Stay of Execution, Injunction, Appeals
Source Language
English
Land Law Civil Procedure Compulsory Acquisition Compensation Stay of Execution Injunction Appeals

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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 is entitled to a stay of execution of the Court of Appeal's orders pending appeal
  2. 2 Whether exceptional circumstances exist to warrant a stay of execution
  3. 3 Whether the applicant would suffer irreparable harm if stay is refused

Ratio Decidendi

The applicant demonstrated exceptional circumstances justifying a stay of execution, including arguable points of law, risk of irreparable harm, and leave to adduce fresh evidence on compensation payment; thus, the application for stay is granted.

Court Disposition

application granted

Orders

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