Customer Support

CONFRASILVAS GHANA LIMITED
V.
MABANI SEVEN COMPANY LIMITED & ORS

(2023) JELR 112421 (CA)

Court of Appeal 19 Jan 2023 Ghana
BriefBot icon

BriefBot Summary

Free

- The applicants are seeking a stay of execution of a Garnishee Order Absolute and a judgment of the Court of Appeal. - The applicants had availed a loan facility to the 1st defendant, who had entered into a debenture with the applicants' s

Case Details

Suit Number:H3/260/2023
Judges:WELBOURN (MRS.) J.A (PRESIDING) SOPHIA ROSETTA BERNASKO ESSAH (MRS.) J.A. JEROME NOBLE NKRUMAH (MR.) J.A.
Counsel:KOREWA AHOI (ASA) FOR THE DEFENDANT/RESPONDENT. GEORGE ANKOMAH MENSAH FOR THE PLAINTIFF/APPELLANT.
Location:Accra

JUDGMENT

SOPHIA R. BERNASKO ESSAH (MRS) JA:

This is a Motion on notice filed by the Applicants/Appellants/Appellants/Applicants, herein referred to as Applicants, praying this Court for an order staying execution of the Garnishee Order Absolute dated 18th September, 2020 and the Judgment of the Court of Appeal dated 19th January, 2023, pending the final determination of applicant’s appeal to the Supreme Court. 

Before proceeding, we recognize an apparent error in the title of the motion paper before us, which refers to an appeal from the judgment of the Court of Appeal dated 19th January, 2023, “to this Court,” which is a Court of coordinate jurisdiction. It is most probably an error and rather should read ‘appeal to the Supreme Court.’ This is evident by Exhibit FNA 16, which is a Notice of Appeal filed by applicant to the Supreme Court, of a judgment dated 19th January, 2023, Coram; Henry Kwofie, Anthony Oppong and Richard Adjei-Frimpong. 

The facts leading to the instant application ar…

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.