SAMADU VRS MUNGIS (A2/22/2024) [2025] GHADC 36 (12 February 2025)

SAMADU VRS MUNGIS (A2/22/2024) [2025] GHADC 36 (12 February 2025)

The applicant failed to demonstrate irreparable harm or greater hardship if he pays the judgment debt, while the respondent would suffer greater hardship if execution is wholly stayed. The applicant is ordered to pay GH¢40,000.00 to the respondent within two weeks, failing which execution may proceed.

Citation
[2025] GHADC 36
Parties
Plaintiff: Iddrisu Samadu; Defendant: Mungis Mallam
Court
District Court
Jurisdiction
Ghana
Judgment Date
12 February 2025
Case Number
A2/22/2024
Procedural Posture
Civil / Ruling on Motion for Stay of Execution Pending Appeal
Outcome
application for stay of execution partially granted
Legal Topics
Stay of Execution, Appeal, Judgment Enforcement
Source Language
English
Civil Procedure Stay of Execution Appeal Judgment Enforcement

Case Brief

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Parties

Iddrisu Samadu

Plaintiff

Mungis Mallam

Defendant

Procedural Posture

Civil / Ruling on Motion 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 the applicant will suffer irreparable harm if stay is refused
  3. 3 Which party will suffer greater hardship if stay is granted or refused

Ratio Decidendi

The applicant failed to demonstrate irreparable harm or greater hardship if he pays the judgment debt, while the respondent would suffer greater hardship if execution is wholly stayed. The applicant is ordered to pay GH¢40,000.00 to the respondent within two weeks, failing which execution may proceed.

Court Disposition

application for stay of execution partially granted

Orders

  • Applicant/Judgment Debtor to pay GH¢40,000.00 to the Respondent/Judgment Creditor within two weeks from the date of ruling, failing which execution may proceed
  • No order as to costs