Boakye Vrs Boakye [2014] GHASC 146 (30 April 2014)

Boakye Vrs Boakye [2014] GHASC 146 (30 April 2014)

The applicant failed to demonstrate exceptional circumstances beyond the standard requirements for stay of execution, and thus did not meet the threshold for suspension of the lower court's order or stay of proceedings.

Citation
[2014] GHASC 146
Parties
Plaintiff/respondent: Dr. Lawrence Boakye; Defendant/appellant/applicant: Yaw Boakye
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
30 April 2014
Procedural Posture
Civil Motion / Application for Suspension of Refusal of Stay of Execution and Stay of Proceedings Pending Appeal
Outcome
application dismissed
Legal Topics
Stay of Execution, Suspension of Orders, Appeals, Exceptional Circumstances
Source Language
English
Civil Procedure Property Law Stay of Execution Suspension of Orders Appeals Exceptional Circumstances

Case Brief

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Parties

Dr. Lawrence Boakye

Plaintiff/respondent

Yaw Boakye

Defendant/appellant/applicant

Procedural Posture

Civil Motion / Application for Suspension of Refusal of Stay of Execution and Stay of Proceedings Pending Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated exceptional circumstances to warrant suspension of the refusal of stay of execution and stay of proceedings pending appeal

Ratio Decidendi

The applicant failed to demonstrate exceptional circumstances beyond the standard requirements for stay of execution, and thus did not meet the threshold for suspension of the lower court's order or stay of proceedings.

Court Disposition

application dismissed

Orders

  • no order as to costs