Owusu Vrs Bekoe And Another (E12/2/2024) [2024] GHAHC 312 (15 March 2024)

Owusu Vrs Bekoe And Another (E12/2/2024) [2024] GHAHC 312 (15 March 2024)

The application to relist is moot because leave was already granted for applicants to refile a corrected application for stay of execution; the proper step is to file the corrected application, not to relist the previous one.

Citation
Owusu Vrs Bekoe And Another (E12/2/2024) [2024] GHAHC 312 (15 March 2024)
Parties
Plaintiff/applicant: Armstrong Owusu; Plaintiff/applicant: George Owusu; Defendant/respondent: Kudjo Bekoe; Defendant/respondent: Alaru; Defendant/respondent: Auguster Adjei
Court
ghahc
Jurisdiction
Ghana
Judgment Date
15 March 2024
Procedural Posture
Motion to Relist Application for Stay of Execution / Ruling on Application to Relist
Outcome
application refused/struck out
Legal Topics
Relisting Applications, Stay of Execution, Exercise of Judicial Discretion
Source Language
eng
Civil Procedure Relisting Applications Stay of Execution Exercise of Judicial Discretion

Case Brief

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Parties

Armstrong Owusu

Plaintiff/applicant

George Owusu

Plaintiff/applicant

Kudjo Bekoe

Defendant/respondent

Alaru

Defendant/respondent

Auguster Adjei

Defendant/respondent

Procedural Posture

Motion to Relist Application for Stay of Execution / Ruling on Application to Relist

Legal Issues

  1. 1 Whether the application to relist the motion for stay of execution should be granted

Ratio Decidendi

The application to relist is moot because leave was already granted for applicants to refile a corrected application for stay of execution; the proper step is to file the corrected application, not to relist the previous one.

Court Disposition

application refused/struck out

Orders

  • Application to relist is refused as moot; applicants to file corrected motion for stay of execution pending appeal per prior court order.
  • Cost of Ghc1000.00 awarded in favour of respondents.