NAA LEWISA NELSON VRS SLEDGE DUODU & ANOR. (LD/0088/2020) [2024] GHAHC 194 (26 February 2024)

NAA LEWISA NELSON VRS SLEDGE DUODU & ANOR. (LD/0088/2020) [2024] GHAHC 194 (26 February 2024)

Applicant failed to demonstrate exceptional circumstances for stay of execution; application based on unreliable and self-serving evidence; court found facts suppressed or twisted and dismissed application.

Citation
NAA LEWISA NELSON VRS SLEDGE DUODU & ANOR. (LD/0088/2020) [2024] GHAHC 194 (26 February 2024)
Parties
Plaintiff/respondent: Naa Lewisa Nelson; 1st Defendant/appellant/applicant: Sledge Duodu; 2nd Defendant/appellant/applicant: Alhaji Taofeek Sulley
Court
ghahc
Jurisdiction
Ghana
Judgment Date
26 February 2024
Procedural Posture
Civil Land Dispute / Application for Stay of Execution Pending Appeal
Outcome
application dismissed
Legal Topics
Stay of Execution, Recovery of Possession, Government Land, Declaratory Relief
Source Language
eng
Land Law Civil Procedure Stay of Execution Recovery of Possession Government Land Declaratory Relief

Case Brief

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Parties

Naa Lewisa Nelson

Plaintiff/respondent

Sledge Duodu

1st Defendant/appellant/applicant

Alhaji Taofeek Sulley

2nd Defendant/appellant/applicant

Procedural Posture

Civil Land Dispute / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal
  2. 2 Whether the judgment was merely declaratory or executable
  3. 3 Whether applicant demonstrated exceptional circumstances warranting stay

Ratio Decidendi

Applicant failed to demonstrate exceptional circumstances for stay of execution; application based on unreliable and self-serving evidence; court found facts suppressed or twisted and dismissed application.

Court Disposition

application dismissed

Orders

  • costs of Ten Thousand Ghana Cedis (GH¢10,000.00) awarded to respondent