AYEBI J.A.
1. This is an interlocutory appeal against the ruling dated 8th June 2011 in which the trial judge granted an application for stay of execution in favour of the defendant/appellant/respondent hereinafter referred to as the defendant.
2. In the substantive suit, the plaintiff/respondent/appellant hereinafter referred to as plaintiff, claimed against the defendant the following reliefs:
(a) A declaration that the defendant’s conduct in constructing on the Dote end of the runway of the Kumasi Airport land which is part of the said Airport is trespassory, unlawful, contrary to public good and the interest of the plaintiff which is under legal duty to ensure the safety of the Kumasi Airport and its environs.
(b) A declaration that the intended expansion of the said Passions International School is also trespassory and inhibitive of the intended extension of the Kumasi Airport.
(c) An order of cancellation of any document or transaction purporting to in any manner granting title to or…