Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EVANS ADU MENSAH (PLAINTIFF)
V.
ALICE ARTHUR

(2019) JELR 69596 (HC)    
High Court  ·  SUIT NO: GJ/364/2019 ·  20 Mar 2019 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

Ratio Decidendi

Core Terms Beta
juvenile court
arguments of counsel
best interest of the child
stay of execution
lower court
execution of the judgment of the family
counsel marigold allotey
judgment of the court
substantial issues of law
review of the acceptable principles
respondent mother
exercise of judicial discretion
execution of the judgment of the court
respondent lives
applicant
child’s best interest
determination of the appeal
dynamics of the pattern of the life
district court
particular order
issue of exceptional circumstance
above stated principles
initial application
application
respectful view
supporting affidavit
biological mother
instant application
discretion ought
appeal raises
amissah v
court
solicitor’s license
applicant’s counsel
such cases
notice of appeal
exceptional circumstances
appeal
grant of discretion
learned magistrate
respondent
first-class school
case of ofori v
united states
undue hardship
attorney general
united states of america citizens
applicant father
custody arrangement
support of application

MOTION ON NOTICE FOR STAY OF EXECUTION PENDING APPEAL

ACKAAH-BOAFO, J.

i. Introduction:

[1] This is an application by Applicant/Appellant/Applicant herein praying that the execution of the Judgment of the Family and Juvenile Court “A” located at the former Commercial Building in Accra dated 11th July, 2018 be stayed pending the determination of the appeal filed at this Court. The application has been brought on the grounds inter alia that the Lower Court failed to take into consideration the best interest of the child and therefore the Applicant/Appellant/Applicant who is dissatisfied with the judgment of the Court presided over by Her Worship Mrs. G.A. Eshun with panel members have filed a Notice of Appeal and the appeal raises substantial issues of law and has a very bright chance of success.

[2] Further to the filing of the Notice of Appeal the Applicant is by this application praying the court to stay execution of the judgment of the Court referenced above pending the determination of…

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