ADJEI-FRIMPONG JSC:
This appeal turns on a simple issue. It is, whether the learned Justices of the Court of Appeal properly exercised their discretion in refusing to stay execution of its judgment pending appeal in this Court. It is common learning that granting or refusing stay of execution of a judgment or decision is discretionary. This is therefore an appeal against the exercise of a court’s discretion.
The law in this area is fairly settled. BADDOO JSC sitting in this Court in the case of KYENKYENHENE VRS ADU [2004-2004]1 SCGLR 142 at 154 had cause to refer to CHARLES OSENTON & CO VRS JOSEHNSTON [1942] AC 130 HL as follow:
“The law as to the reversal by a Court of Appeal of an order made by a judge below in the exercise of his discretion is well established and any difficulty that arises in due only to the application of well-established principles in an individual case. The appellate tribunal is not at liberty to merely to substitute its own discretion for the discretion exercised…