C.C.W Ltd Vrs Accra Metropolitan Assembly [2004] GHACA 13 (9 June 2004)

C.C.W Ltd Vrs Accra Metropolitan Assembly [2004] GHACA 13 (9 June 2004)

The court exercised its discretion to grant stay of execution pending appeal because the plaintiffs/respondents/respondents do not have assets in Ghana, making recovery of the judgment sum uncertain if the appeal succeeds.

Citation
[2004] GHACA 13
Parties
Plaintiff/respondent/respondent: C. C. W. Limited; Defendant/applicant/appellant: Accra Metropolitan Assembly
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
9 June 2004
Procedural Posture
Civil / Application for Stay of Execution Pending Appeal
Outcome
motion for stay of execution pending appeal granted
Legal Topics
Stay of Execution, Appeal, Security for Judgment Debt
Source Language
English
Civil Procedure Stay of Execution Appeal Security for Judgment Debt

Case Brief

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Parties

C. C. W. Limited

Plaintiff/respondent/respondent

Accra Metropolitan Assembly

Defendant/applicant/appellant

Procedural Posture

Civil / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether stay of execution pending appeal should be granted and on what conditions

Ratio Decidendi

The court exercised its discretion to grant stay of execution pending appeal because the plaintiffs/respondents/respondents do not have assets in Ghana, making recovery of the judgment sum uncertain if the appeal succeeds.

Court Disposition

motion for stay of execution pending appeal granted

Orders

  • stay of execution pending appeal granted