Gordor And 2 Others Vrs Torvor (C1/08/2024) [2024] GHAHC 248 (20 March 2024)

Gordor And 2 Others Vrs Torvor (C1/08/2024) [2024] GHAHC 248 (20 March 2024)

The ruling dated 22/11/2021 is not executable as it merely recognizes prior judgments and dismisses the suit for abuse of process; therefore, the application for stay of execution is misconceived and must be struck out.

Citation
Gordor And 2 Others Vrs Torvor (C1/08/2024) [2024] GHAHC 248 (20 March 2024)
Parties
Plaintiff/applicant: S.K. Gordor; Plaintiff/applicant: Witty Awuku Adusu Ahorklu; Plaintiff/applicant: Akumani Gordor; Defendant/respondent: Togbe Torvor; Defendant/respondent: Mensah Kporku; Defendant/respondent: Besa Egbenya; Defendant/respondent: Dotse Torvor; Defendant/respondent: Mawusi Azila; Defendant/respondent: Land Secretariat
Court
ghahc
Jurisdiction
Ghana
Judgment Date
20 March 2024
Procedural Posture
Motion for Stay of Execution Pending Appeal / Ruling on Preliminary Legal Objection
Outcome
application struck out
Legal Topics
Stay of Execution, Abuse of Process, Previous Judgments, Appeal Procedure
Source Language
eng
Civil Procedure Land Law Stay of Execution Abuse of Process Previous Judgments Appeal Procedure

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Parties

S.K. Gordor

Plaintiff/applicant

Witty Awuku Adusu Ahorklu

Plaintiff/applicant

Akumani Gordor

Plaintiff/applicant

Togbe Torvor

Defendant/respondent

Mensah Kporku

Defendant/respondent

Besa Egbenya

Defendant/respondent

Dotse Torvor

Defendant/respondent

Mawusi Azila

Defendant/respondent

Land Secretariat

Defendant/respondent

Procedural Posture

Motion for Stay of Execution Pending Appeal / Ruling on Preliminary Legal Objection

Legal Issues

  1. 1 Whether a stay of execution can be granted when the underlying ruling is not executable
  2. 2 Whether the ruling dated 22/11/2021 constitutes an executable judgment

Ratio Decidendi

The ruling dated 22/11/2021 is not executable as it merely recognizes prior judgments and dismisses the suit for abuse of process; therefore, the application for stay of execution is misconceived and must be struck out.

Court Disposition

application struck out

Orders

  • Application for stay of execution is struck out.
  • Cost of GH¢2,500.00 awarded in favour of 6th Defendant/Respondent.