Customer Support

ALROTECH CO. LTD
V.
NII OTSI ATTA IV (SUB. BY NII AKRAMAH II) & 2 ORS

(2016) JELR 68002 (CA)

Court of Appeal 4 Jul 2016 Ghana
BriefBot icon

BriefBot Summary

Free

- The underlying dispute concerned land law, with judgments in favor of the present applicant delivered by Justices Abodakpi (30 April 2013), Ofori Atta (2 December 2008), and Iddrisu (14 April 2015), all unchallenged by the respondents. -

Case Details

Suit Number:CIVIL APPEAL SUIT NO: H3/227/16
Judges:P. K GYAESAYOR JA (Presiding), IRENE LARBI (MRS) JA, A. LOVELACE-JOHNSON JA
Counsel:MR.EMMANUEL OHENE FOR PLAINTIFF/RESPONDENT/RESPONDENT/APPLICANT,MR. ERIC OSEI MENSAH FOR APPELLANTS/APPLICANTS/RESPONDENTS

GYAESAYOR, JA

The ruling sought to be varied is dated 26th January 2016. It stayed the execution of the judgment dated 14th April 2015 pending appeal. That judgment was delivered by Justice Abdullah Iddrisu. An application for stay of execution was refused by the judge on 31st July 2015. The reason being that there is no executable order made in the judgment.

All judgments and applications have been resolved in favour of the present applicant. The respondents have not appealed against the judgments delivered by Justice Abodakpi on 30th April 2013 and that delivered by Justice Ofori Atta on 2nd December 2008. Even now they cannot appeal in view of the time limits given for appeals by Rule 9 of C. I. 19.

Indeed at page 30 of the judgment apart from the order for the costs and damages, does not contain any executable orders. We find no exceptional circumstances warranting the grant of the stay.

The applicant who has been found to have lawfully acquired the land and gave out portion to third …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.