Olimpio and Another Vrs Antoneli and Another [2016] GHASC 85 (4 November 2016)

The applicant failed to demonstrate any special circumstances or wrongful exercise of discretion by the lower courts; therefore, the application for special leave to appeal and stay/suspension of execution is refused.

Citation: [2016] GHASC 85
Parties: Plaintiff/respondent: Anthonio Olimpio; Plaintiff/respondent: Santos Felix; Defendant/appellant/applicant: Giovann Antoneli; Defendant/appellant/applicant: Biglebb Construction & Crushing Ltd
Court: Supreme Court
Jurisdiction: Ghana
Judgment Date: 4 November 2016
Procedural Posture: Civil Motion / Application for Special Leave to Appeal and Stay/suspension of Execution
Outcome: application refused
Legal Topics: Interim Preservation of Property, Stay of Execution, Special Leave to Appeal, Exercise of Judicial Discretion
Source Language: English

Civil Procedure Interim Preservation of Property Stay of Execution Special Leave to Appeal Exercise of Judicial Discretion

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 2 Authorities cited 4 Party arguments 2

Parties

Anthonio Olimpio

Plaintiff/respondent

Santos Felix

Plaintiff/respondent

Giovann Antoneli

Defendant/appellant/applicant

Biglebb Construction & Crushing Ltd

Defendant/appellant/applicant

Procedural Posture

Civil Motion / Application for Special Leave to Appeal and Stay/suspension of Execution

Legal Issues

1 Whether special leave to appeal should be granted against the Court of Appeal's order affirming interim preservation of property
2 Whether stay or suspension of execution pending appeal should be granted

Ratio Decidendi

Court Disposition

application refused