M. BARBISOTTI & SONS LIMITED
V.
CYPRESS INVESTMENT LIMITED

(2018) JELR 107892 (HC)    
High Court  ·  SUIT NO: GJ/134/2017 ·  5 Nov 2018 ·  Ghana
CORAM
KWEKU T. ACKAAH-BOAFO
Core Terms Beta
court
applicant
appeal
counsel
application
plaintiff
defendant
stay of execution
court of appeal
exceptional circumstances
irreparable harm
instant application
account reconciliation
defendant’s appeal
determination of the appeal
greater hardship
legal arguments
mr. opoku amponsah
above stated principles
accounts reconciliation
ample evidence
applicant’s counsel
bbc industrial co
bright chance of success
case of the applicant
case of the parties
consequential orders
court’s conclusion
court’s opinion
court’s ruling
execution of the judgment of this court
exercise of discretion
exercise of judicial discretion
interim payment certificates
judgment of this court
legal argument
legal submissions
mode of payment of work
respondent’s submission
right of appeal
said judgment
such stay
supporting affidavit

RULING ON STAY OF EXECUTION PENDING APPEAL

i. Introduction

[1] This is an application praying the court to stay execution of the judgment of this Court  delivered on July 26, 2018 pursuant to an issue set down for legal argument by the parties pending  the determination of the appeal against the said judgment at the Court of Appeal. The application  has been brought on the grounds, inter alia, that the Defendant is ostensibly dissatisfied with the  judgment of this Court and has filed a Notice of Appeal and that the appeal raises substantial issues  of law and has a very bright chance of success. 

[2] It recalls that on the 2nd day of February, 2017, the Plaintiff/Respondent (hereafter referred  to as the Plaintiff) issued a writ of summons against the Defendant/Applicant, (hereafter referred  to as the Defendant) for stated reliefs endorsed on the writ of summons. The Defendant entered  appearance and filed a Statement of Defence and Counterclaim. It is unnecessary to recount all …

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