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DANIEL OFORI
V.
ECOBANK GHANA LIMITED & ORS.

(2021) JELR 107273 (SC)

Supreme Court 24 Mar 2021 Ghana
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- The majority decision of the court, read by Yeboah CJ, states that the application for Stay of Execution is moot because the motion for Review has already been determined by the full Bench. - However, Dotse JSC dissents and argues that th

Case Details

Suit Number:CIVIL MOTION NO. J8/114/2020
Judges:YEBOAH, CJ (PRESIDING) DOTSE, JSC BAFFOE-BONNIE, JSC APPAU, JSC PWAMANG, JSC TORKORNOO (MRS.) HONYENUGA, JSC
Counsel:GOLDA DENYO WITH ABENA SARPONG LED BY ACE ANKOMAH FOR THE 1ST DEFENDANT/RESPONDENT/RESPONDENT/APPLICANT. THADDEUS SORY WITH NANA BOAKYE MENSAH-BONSU FOR THE PLAINTIFF/APPELLANT/APPELLANT/RESPONDENT.
Other Citations:(2021) JELR 107069 (SC)

RULING

THE MAJORITY DECISION OF THE COURT WAS READ BY YEBOAH CJ

YEBOAH CJ:

We are of the opinion that the application for Stay of Execution was filed to stay execution pending the hearing and determination of the motion for Review Application. We think that as the motion for Review has been determined by the full Bench, the application for Stay of Execution pending Review is moot.

ANIN YEBOAH

(CHIEF JUSTICE)

P. BAFFOE-BONNIE

(JUSTICE OF THE SUPREME COURT)

Y. APPAU

(JUSTICE OF THE SUPREME COURT)

G. PWAMANG

(JUSTICE OF THE SUPREME COURT)

DISSENTING DECISION

DOTSE JSC

This is an application for stay of execution pending the determination of Applicant's review application. With the determination of the review, this application should have been considered moot but for the matters that have been placed before us with the application for review.

The 1st defendant has filed affidavits presenting evidence of the Plaintiff receiving dividend on the very Cal Bank shares that he came to this court to pursue p…

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