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MOHAMMED ODAYMART & 2ORS
V.
ANN BORTELEY BORQUAYE

(2023) JELR 112135 (HC)

High Court 18 Sep 2023 Ghana
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- The Applicants filed a motion for an order of interlocutory injunction and stay of execution to prevent the enforcement of an arbitration award. - The Applicants argued that the trial judge misconstrued a declaration for a nullity as an a

Case Details

Suit Number:CM/OCC/0744/2016
Judges:FRANCIS OBIRI, J
Counsel:AUGUSTINE AMEWUGAH HOLDING BRIEF FOR FRANCES MARTEY FOR THE DEFENDANT/RESPONDENT/RESPONDENT EKOW K. AMUA-SEKYI FOR THE PLAINTIFFS/APPELLANTS /APPLICANTS
Location:Accra

RULING

On 14 August 2023, the Plaintiffs/Appellants/Applicants (hereinafter called the Applicants) filed a motion before this court for an order of interlocutory injunction pending appeal and for stay of execution to restrain the Defendant/Respondent/Respondent (hereinafter called the Respondent) from taking any step towards the enforcement of the arbitration award dated 23 May 2016.  The motion is supported by affidavit and exhibits.  The relevant paragraphs are reproduced below:

1. That a copy of the arbitration award is attached hereto and marked as exhibit ‘A’.

2. That the Defendant sought to strike out the writ from the onset indicating that the institution of a writ to nullify the arbitration award was wrong.

3. This Honourable Court did not find favour with the stance taken by the Defendant and overruled his objection and held that a full trial be held.

4. The Defendant sought to quash the decision of this court relating to the conduct of a full trial but the Supreme Court dismissed…

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