Whaley and Others Vrs Soudi and Others [2023] GHAHC 284 (8 August 2023)

IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE, COMMERCIAL DIVISION, HELD IN ACCRA ON TUESDAY, THE 8TH DAY OF AUGUST, 2023 BEFORE HIS LORDSHIP JUSTICE FRANCIS OBIRI SUIT NO. CM/OCC/0579/2022 1. SAM WHALEY - PLAINTIFFS/RESPONDENTS 2. JANE WHALEY 3. WORD OF FAITH FELLOWSHIP INC VS 1. JOHN KOMI SOUDI ----------- DEFENDANTS/APPLICANTS 2. TINA AKOUVI SOUDI 3. CHRISTIAN LIGHT BIBLE CHURCH 4. THE REGISTRAR 5. BIO-LINK PHARMACY LIMITED 6. DEBORAH SOUDI --------------------------------------------------------------------------------------------------------------------

RULING -------------------------------------------------------------------------------------------------------------------- I have listened to the submission by counsel for 1st, 2nd, 3rd, 5th and 6th Defendants/Applicants (hereinafter called the Applicants) for the court to grant their application for Stay of Execution pending their interlocutory appeal filed on 28th July, 2023. I have also considered all the documents filed in support and in opposition to the application for the Stay of Execution pending the interlocutory appeal. The Plaintiffs/Respondents (hereinafter called the Respondents) filed an affidavit in opposition to the application on 3rd August, 2023. The Respondents and their counsel are not in court today, 8th August, 2023. However, the court will consider their affidavit in opposition in this delivery. After all, a motion can even be granted or dismissed by examination of the documents filed in respect of the application. Therefore, a motion even does not necessarily need to be moved before the court can grant or refuse it. See: REPUBLIC v COURT OF APPEAL, ACCRA, EX PARTE; EASTERN ALLOY CO. LTD [2007-2008]1 SCGLR 371 REPUBLIC v HIGH COURT, ACCRA EX PARTE SIAN GOLDFIELDS [2009] SCGLR Coming back to the substantive application, the Applicants are praying the court to Stay the Execution of its Order dated 19th June, 2023 which granted the Respondents motion for

injunction in part. It is trite law, that the practice of the courts is not to put fetters on victorious parties to prevent them from reaping the fruits of their victory in legal proceedings by granting Stay of Execution. However, Stay of Execution will be granted if an Applicant demonstrates, that there are arguable points of law to be canvased on appeal or there are exceptional circumstances or the circumstances of the case are such that if it is not granted, the appeal would be rendered nugatory. See: ACQUAH v TAGOE [2017-2020] 2 SCGLR 73 DZOBO v AGBEBLEWU AND OTHERS [1991] 1 GLR 294 LIVINGSTONE DJOKOTO & ANOR. v BBC INDUSTRIALS CO. (GHANA) LTD. AND ANOTHER [2011] 39 GMJ 16 SC NDK FINANCIAL SERVICES LTD. v YIADOM CONSTRUCTION & ELECTRICAL WORKS AND OTHERS [2007-2008] 1 SCGLR 93 In this case, the Applicants have not demonstrated any exceptional circumstances or arguable points of law which should warrant the court to grant the application. A bare assertion that an appeal is likely to succeed is not a ground to grant an application for Stay of Execution. Therefore, I do not find any merit in the application and proceed to dismiss same. I award cost of GH¢3,000.00 in favour of the Respondents against the Applicants. SGD.

FRANCIS OBIRI (JUSTICE OF THE HIGH COURT)

COUNSEL

MAXWELL

AMIHERE

FOR

PHILIP

ADDISON

FOR THE PLAINTIFFS/RESPONDENTS MARY AKWELEY ADDY FOR ROBERT QUARTEY FOR THE 1ST 2ND, 3RD, 5TH AND 6TH DEFENDANTS/APPLICANTS

AUTHORITIES 1. REPUBLIC v COURT OF APPEAL, ACCRA EX PARTE EASTERN ALLOY CO. LTD [2007-2008]1 SCGLR 371 2. REPUBLIC v HIGH COURT, ACCRA EX PARTE SIAN GOLDFIELDS [2009] SCGLR 204 3. ACQUAH v TAGOE [2017-2020] 2 SCGLR 73 4. DZOBO v AGBEBLEWU AND OTHERS [1991] 1 GLR 294 5. LIVINGSTONE DJOKOTO & ANOR. v BBC INDUSTRIALS CO. (GHANA) LTD. ANOR. [2011] 39 GMJ 16 SC 6. NDK FINANCIAL SERVICES LTD. v YIADOM CONSTRUCTION & ELECTRICAL WORKS AND OTHERS [2007-2008] 1 SCGLR 93 4