FIRST NATIONAL SAVINGS & LOANS
V.
PRUDENT EXPORT LTD

(2018) JELR 107887 (HC)    
High Court  ·  SUIT NO: AB/18/2012 ·  17 Dec 2018 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO
Core Terms Beta
plaintiff
applicant
service
counsel
court
offei awuku
judgment debtor
said offei awuku
stay of execution
instant application
service of the entry of judgment
companies act
exceptional circumstances
managing director
court process
general words
ghana cable co
such cases
applicant’s properties
case of the parties
counsel’s submission
court’s judgment
defendant company’s farm
effect asking
exercise of judicial discretion
grant of the application
judgement creditor
judgment of this court
judicial decisions
landed property
lordship dennis dominic adjei ja
mr. ofori ampofo acquaye
official document
registered office of the company
responsible official of the company
said mr acquaye
service of a document
service of the affidavit
special circumstances
subject matter of this application
substantial issues of law
sufficient movable properties

MOTION ON NOTICE FOR STAY OF EXECUTION PENDING  APPEAL 

i. Introduction

[1] This Court’s judgment of August 18, 2017 is the subject matter of this application. The  Defendant/Judgment Debtor/Applicant is first praying the court to set aside the execution of the  judgment undertaken by the Plaintiff/Judgement Creditor/Respondent on the grounds that no entry  of judgment was served before the Applicant’s properties were attached and also to stay execution  of the judgment pending the determination of the appeal against the judgment at the Court of  Appeal. The application has been brought on the grounds inter alia that the execution undertaken  by the Plaintiff/Respondent was contrary to the Rules of Court and also that the Defendant is dissatisfied with the judgment of this Court and has filed a Notice of Appeal and the appeal raising substantial issues of law with a very bright chance of success. 

[2] It recalls that on the 28th October, 2011 the Plaintiff/Respondent (hereafter refer…

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