Lithur Vrs Lithur [2021] GHASC 6 (21 April 2021)

Lithur Vrs Lithur [2021] GHASC 6 (21 April 2021)

The appeal fails because the Court of Appeal properly exercised its discretion in granting the repeat stay application based on exceptional circumstances, including the explosive relationship between the parties, and was entitled to consider supplementary affidavit and all materials before it. Article 22(3) and issues of marital property are not germane at interlocutory stage.

Citation
[2021] GHASC 6
Parties
Petitioner/appellant/respondent: Tony Lithur; Respondent/respondent/appellant: Nana Oye Lithur
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 April 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment on Interlocutory Appeal
Outcome
Appeal dismissed; Court of Appeal decision affirmed.
Legal Topics
Interim Relief, Stay of Execution, Matrimonial Property, Repeat Application, Declaratory Orders
Source Language
English
Family Law Civil Procedure Interim Relief Stay of Execution Matrimonial Property Repeat Application Declaratory Orders

Case Brief

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Parties

Tony Lithur

Petitioner/appellant/respondent

Nana Oye Lithur

Respondent/respondent/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Interlocutory Appeal

Legal Issues

  1. 1 Whether exceptional circumstances justified the grant of repeat stay application
  2. 2 Whether the Court of Appeal erred in considering supplementary affidavit not before the trial court
  3. 3 Whether non-executable declaratory orders can be stayed

Ratio Decidendi

The appeal fails because the Court of Appeal properly exercised its discretion in granting the repeat stay application based on exceptional circumstances, including the explosive relationship between the parties, and was entitled to consider supplementary affidavit and all materials before it. Article 22(3) and issues of marital property are not germane at interlocutory stage.

Court Disposition

Appeal dismissed; Court of Appeal decision affirmed.

Orders

  • Respondent restrained from alienating Ada property pending determination of substantive petition.
  • Parties and counsel directed to focus energies on prosecution of substantive petition.