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DR. LAWRENCE BOAKYE
V.
YAW BOAKYE

(2014) JELR 68630 (SC)

Supreme Court 30 Apr 2014 Ghana
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- The case involves a motion on Notice for an order to suspend the refusal of the grant of stay of execution pending appeal and for stay of proceedings. - The Respondent sought various reliefs in the high court and after a trial, the court

Case Details

Suit Number:CIVIL APPEAL NO. J8/51/2014
Judges:AKAMBA J.S.C.
Counsel:MR. YONI KULENDI FOR DEFENDANT/APPELLANT/APPLICANT WITH HIM DENNIS ,ADJEI DWUMOH GEORGINA ARTHUR AND ROSENBERG OWUSU ADOKOH; JUSTINA TETE-DONKOR WITH HER CHRIS YEBOAH FOR PLAINTIFF/RESPONDENT /RESPONDENT PRESENT

JUDGMENT

AKAMBA J.S.C.

This is a motion on Notice for an order to suspend the refusal of the grant of stay of execution pending appeal and for stay of proceedings consequent upon the order of refusal to stay execution delivered by the Court of Appeal on 19th March, 2014.

The Respondent in this application invoked the original jurisdictions of the high court seeking a number of reliefs. After a closely contested trial between the parties, the High Court entered judgment in favour of the Respondent declaring him owner of the property Plot No. 61A Airport Residential Area Accra and damages for trespass. The Applicants counter claim was also dismissed. Dissatisfied with the said judgment the Applicant filed a Notice of Appeal and subsequently an application for stay of execution pending the hearing of the Appeal. The trial judge dismissed the application which was then repeated at the Court of Appeal. The Court of Appeal on 19th March, 2014 dismissed the application.

The Applicant who labels …

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