BOATENG V NTIAMOAH & ORS (C11/3/21) [2025] GHACC 35 (28 January 2025)

BOATENG V NTIAMOAH & ORS (C11/3/21) [2025] GHACC 35 (28 January 2025)

The applicant failed to demonstrate any special or exceptional circumstances or arguable points of law to warrant a stay of execution. The respondents would suffer greater hardship if the application is granted. The application is therefore dismissed.

Citation
[2025] GHACC 35
Parties
Plaintiff/respondent: George Boateng (suing for and on behalf of siblings); Defendant/applicant: Yaa Ntiamah; Defendant/applicant: Yaw Oppong; Defendant/applicant: Yaa Boadu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 January 2025
Case Number
C11/3/21
Procedural Posture
Civil / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application dismissed
Legal Topics
Stay of Execution, Appeals, Judgment Enforcement
Source Language
English
Civil Procedure Stay of Execution Appeals Judgment Enforcement

Case Brief

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Parties

George Boateng (suing for and on behalf of siblings)

Plaintiff/respondent

Yaa Ntiamah

Defendant/applicant

Yaw Oppong

Defendant/applicant

Yaa Boadu

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 should be granted
  2. 2 Whether the applicant has demonstrated special or exceptional circumstances to warrant a stay

Ratio Decidendi

The applicant failed to demonstrate any special or exceptional circumstances or arguable points of law to warrant a stay of execution. The respondents would suffer greater hardship if the application is granted. The application is therefore dismissed.

Court Disposition

application dismissed

Orders

  • no order as to cost