FRANSTEL LIMITED
V.
MERCHANT BANK LTD

(2013) JELR 63800 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/76/2012 ·  24 Jan 2013 ·  Ghana
CORAM
JUSTICE E K AYEBI JA [PRESIDING], JUSTICE IRENE C DANQUAH JA, JUSTICE ALHAJI TANKO AMADU JA
Core Terms Beta
application
counsel
high court
respondent
stay of execution
rule
supreme court
ground of appeal
stay of execution of the judgment
abuse of the process of the court
affidavits of naa shormeh gyang
civil procedure
ex parte
inter alia
learned trial judge
matter
public policy
trial judge
above submission
abuse of the judicial process
bogoso gold ltd. vrs ntrakwa
c.a
castro v
clear onslaught
considered opinion
determination of the supreme court
eighth edition
ex parte atumfuwa
first ground of appeal
following terms
further order need
improper use of its machinery
interlocutory appeal
irene c danquah
judgment of the court
main grounds
miscarriage of justice
order grant
ruling of the high court
said court
said decision
said order ex abundanti cautela
scope of the appellant
subject matter
subject matter of the attack
supreme court rules
term abuse of the court process
trial court
unlikely event

IRENE C DANQUAH, JA

This is an interlocutory appeal emanating from a ruling of the High Court, Kumasi dated 7th November, 2011. The High Court in its ruling granted a stay of execution of the judgment of the said Court delivered on 8th December, 2009 in the following terms:

“Accordingly the application is granted as prayed. The judgment of the Court dated 8th December, 2009 is hereby, stayed. The application also seeks a release of items/ equipment seized in execution on Friday 21/5/2010. Since these items have already been released to the Defendant Bank, no further order need be made except to confirm the said order ex abundanti cautela, which I, hereby, confirm. No order as to costs.”

Aggrieved by the said decision, the Plaintiff/Respondent/Appellant thus appealled on two main grounds. The first ground of appeal reads;

1. The learned trial judge misconceived the nature and scope of the Appellant’s application filed by the Defendant/ Respondent.

In arguing this ground of appeal, counsel f…

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