Samuel Darko Vrs Amonoo Abban [2023] GHACC 449 (17 July 2023)

Samuel Darko Vrs Amonoo Abban [2023] GHACC 449 (17 July 2023)

The presence of both parties' businesses on the land constitutes exceptional circumstances, and the applicant is likely to suffer greater hardship if the stay is refused. The grounds of appeal are not frivolous, and refusal of the stay would render the appeal nugatory.

Citation
[2023] GHACC 449
Parties
Plaintiff/respondent: Samuel Darko; Defendant/applicant: Amonoo Abban
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
17 July 2023
Procedural Posture
Civil / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal granted
Legal Topics
Stay of Execution, Appeal, Hardship, Possession of Land
Source Language
English
Civil Procedure Land Law Stay of Execution Appeal Hardship Possession of Land

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Parties

Samuel Darko

Plaintiff/respondent

Amonoo Abban

Defendant/applicant

Procedural Posture

Civil / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the application for stay of execution pending appeal has merit

Ratio Decidendi

The presence of both parties' businesses on the land constitutes exceptional circumstances, and the applicant is likely to suffer greater hardship if the stay is refused. The grounds of appeal are not frivolous, and refusal of the stay would render the appeal nugatory.

Court Disposition

Application for stay of execution pending appeal granted

Orders

  • Execution of the judgment dated 16th September, 2022 is stayed pending determination of the appeal at the Court of Appeal in Accra