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ALHAJI HALIDU ABOUBAKAR
V.
DINAH AFI MARTINS (DECEASED) & ANOR.

(2025) JELR 114238 (SC)

Supreme Court 19 Mar 2025 Ghana
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- Plaintiff commenced an action in the High Court, Accra, seeking a declaration of title, but the High Court entered judgment in favour of the Defendants; Plaintiff appealed to the Court of Appeal and sought a stay of execution at first ins

Case Details

Suit Number:J4/54/2023
Judges:BAFFOE-BONNIE JSC (PRESIDING) AMADU JSC KULENDI JSC, ASIEDU JSC DARKO ASARE JSC
Counsel:FELIX QUARTEY ESQ. FOR PLAINTIFF/APPELLANT/RESPONDENT JOHN F. APPIAH ESQ. FOR DEFENDANT/RESPONDENT/APPELLANT

JUDGMENT

BAFFOE-BONNIE JSC:

This is an interlocutory appeal against the ruling of the Court of Appeal dated 13th day of December, 2022. For purposes of clarity, the Plaintiff/Appellant/Respondent herein shall conveniently   be   described   as   the   Plaintiff,   whereas   the Defendants/Respondent/Appellants shall be described as the Defendants. The brief facts of this case are that the Plaintiff commenced an action in the High Court, Accra against the Defendants for declaration of title amongst other reliefs. The High Court delivered judgment in favour of the Defendants. The Plaintiff appealed against the decision to the Court of Appeal and subsequently filed a motion for stay of execution at the first instance in the Court of Appeal. The motion for stay of execution was opposed by the Defendants. The Court of Appeal having heard all parties granted the Application for stay of execution. It is worthy of note that this was the time of the introduction of the amendment of Rules 1(a) an…

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