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NETLYNK ESTATES LTD & 66 ORS & MAXWELL KOFI LARTEY
V.
BEATRICE ADOM

(2010) JELR 112186 (CA)

Court of Appeal 29 Apr 2010 Ghana
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- The Applicant, the 29th Plaintiff/Appellant, sought a stay of proceedings before the High Court Land Division pending appeal against the court’s ruling allowing the amendment of the Statement of Defence and counterclaim by the 1st, 2nd, a

Case Details

Suit Number:Civil Motion CM No: H3/321/2010
Judges:J. B. AKAMBA, JA ISAAC DUOSE, JA V. DOTSE OFOE, JA
Counsel:MR. EGBERT FAIBILLE FOR 29TH PLAINTIFF/APPLICANT MR. STANLEY AMARTEIFIO FOR 1ST, 2ND, 9TH AND 11TH RESPONDENTS MR. MARTIN ATTA BEDIAKO FOR 1ST PLAINTIFF APPLICANT
Location:Accra

RULING

Akamba J.A. 

This is an application by the 29th Plaintiff/Appellant/Applicant (simply the Applicant) for an order of stay of proceedings of the suit before the High Court Land Division, Accra presided over by Aduama Osei J.A. sitting as an additional Justice of the High Court, pending an appeal against the court’s ruling of 9th March, 2010.

Paragraph 4 of the Applicants affidavit in support of the motion recaps that when the Applicant begun his evidence in chief, a motion to amend the Statement of Defence and a counterclaim at the instance of the 1st, 2nd and 9th defendants was heard and granted on the 9th March, 2010.  The application was not opposed by the Plaintiffs.  At the time of the grant, the Applicant, according to paragraph 5 of the affidavit had virtually gone through with his evidence in chief.  The trial judge ordered the 29th plaintiff/Applicant to continue with his evidence.  The orders of the court are pertinent. They state:

“By court:  The application is granted. L…

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