Pinamang Vrs Boafo & 5 Ors [2023] GHASC 72 (6 April 2023)

Pinamang Vrs Boafo & 5 Ors [2023] GHASC 72 (6 April 2023)

The appeal is incompetent as it was filed without obtaining special leave from the Supreme Court after two refusals for stay of execution, contrary to constitutional and statutory requirements.

Citation
[2023] GHASC 72
Parties
Plaintiff/respondent: Ama Pinamang (a.k.a Alice Osei); Defendant/appellant: S. K. Boafo; Defendant/appellant: Kwame Agyapong Boafo Esq.; Defendant/appellant: Kwabena Boadi; Defendant/appellant: Agya Yaw; Defendant/appellant: Aduhene; Defendant/appellant: Amoakowa
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
6 April 2023
Procedural Posture
Civil Appeal / Appeal Against Refusal of Stay of Execution
Outcome
appeal dismissed as incompetent
Legal Topics
Stay of Execution, Appeals, Leave to Appeal, Probate
Source Language
English
Civil Procedure Stay of Execution Appeals Leave to Appeal Probate

Case Brief

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Parties

Ama Pinamang (a.k.a Alice Osei)

Plaintiff/respondent

S. K. Boafo

Defendant/appellant

Kwame Agyapong Boafo Esq.

Defendant/appellant

Kwabena Boadi

Defendant/appellant

Agya Yaw

Defendant/appellant

Aduhene

Defendant/appellant

Amoakowa

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Against Refusal of Stay of Execution

Legal Issues

  1. 1 Whether the appeal to the Supreme Court against refusal of stay of execution is competent without special leave
  2. 2 Whether the Court of Appeal erred in refusing the application for stay of execution

Ratio Decidendi

The appeal is incompetent as it was filed without obtaining special leave from the Supreme Court after two refusals for stay of execution, contrary to constitutional and statutory requirements.

Court Disposition

appeal dismissed as incompetent