Adams Vrs Sawah [2009] GHASC 4 (14 January 2009)

Adams Vrs Sawah [2009] GHASC 4 (14 January 2009)

Since the judgment appealed from is not executable and has not necessitated any proceedings to be taken under it, the application for stay of execution is misconceived and must be dismissed.

Citation
[2009] GHASC 4
Parties
Execution Purchaser/applicant/respondent/respondent: Tony Adams; Execution Debtor/respondent Appellant/appellant/applicant: Anang Sowah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 January 2009
Procedural Posture
Civil Motion / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Appeals, Enforcement of Judgments
Source Language
English
Civil Procedure Stay of Execution Appeals Enforcement of Judgments

Case Brief

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Parties

Tony Adams

Execution Purchaser/applicant/respondent/respondent

Anang Sowah

Execution Debtor/respondent Appellant/appellant/applicant

Procedural Posture

Civil Motion / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution can be granted where the judgment appealed from is not executable
  2. 2 Whether the Supreme Court has jurisdiction to stay proceedings not resulting from the judgment appealed from

Ratio Decidendi

Since the judgment appealed from is not executable and has not necessitated any proceedings to be taken under it, the application for stay of execution is misconceived and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application for stay of execution pending appeal dismissed