Jeleel Company Gh. Limited Vrs Zion Energy Limited and Anor [2022] GHASC 21 (2 March 2022)

Jeleel Company Gh. Limited Vrs Zion Energy Limited and Anor [2022] GHASC 21 (2 March 2022)

The application for stay of execution fails because the applicant did not comply with mandatory procedural requirements under Order 43 r. 3 of the High Court (Civil Procedure) Rules, specifically failing to give notice to affected parties and failing to specify the land in the writ of possession, rendering the execution void.

Citation
[2022] GHASC 21
Parties
Plaintiff/respondent/appellant/applicant: Jeleel Company GH. Limited; Defendant/debtor: Zion Energy Limited; Applicant/appellant/respondent/respondent: Trassacco Furniture Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
2 March 2022
Procedural Posture
Civil Motion / Application for Stay of Execution Pending Appeal Before Supreme Court
Outcome
application dismissed
Legal Topics
Stay of Execution, Writ of Possession, Default Judgment, Appeal Procedure, Natural Justice
Source Language
English
Civil Procedure Land Law Stay of Execution Writ of Possession Default Judgment Appeal Procedure Natural Justice

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Parties

Jeleel Company GH. Limited

Plaintiff/respondent/appellant/applicant

Zion Energy Limited

Defendant/debtor

Trassacco Furniture Limited

Applicant/appellant/respondent/respondent

Procedural Posture

Civil Motion / Application for Stay of Execution Pending Appeal Before Supreme Court

Legal Issues

  1. 1 Whether leave was required before filing appeal to Supreme Court
  2. 2 Whether the application for stay of execution is sustainable given procedural irregularities
  3. 3 Whether the writ of possession was validly issued and executed

Ratio Decidendi

The application for stay of execution fails because the applicant did not comply with mandatory procedural requirements under Order 43 r. 3 of the High Court (Civil Procedure) Rules, specifically failing to give notice to affected parties and failing to specify the land in the writ of possession, rendering the execution void.

Court Disposition

application dismissed

Orders

  • Application for stay of execution is dismissed.
  • No order as to costs.