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SALIFU
V.
MAHAMA AND OTHER

(1988) JELR 67594 (HC)

High Court 25 Nov 1988 Ghana
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- This case involves an application for a stay of execution pending appeal in a running down action. - The defendant-applicant is seeking to stay the execution of a judgment entered against them, as they believe the appeal has a good chance

Case Details

Judges:BENIN J.
Counsel:AMOAH FOR OSEI-BONSU FOR THE DEFENDANT-APPLICANT; DOMALAE FOR THE PLAINTIFF-RESPONDENTS.

BENIN J.

This is an application for a stay of execution pending appeal. The original suit was instituted by the plaintiff-respondents herein to recover from the defendant-applicant herein damages in a running down action. Judgment was entered for the respondents to recover various sums of money from the applicant on 26 August 1988. An appeal has since been lodged against the said judgment. Subsequently, this application was put in by the applicant to stay execution pending the appeal. The grounds for the application are stated in the relevant portions of the affidavit in support as follows:

“9. That I am advised by counsel and verily believe the same to be true that the appeal has a very good chance of success and the judgment itself will be reversed by the Court of Appeal or the damages and costs will be reduced considerably ...

12. The plaintiffs who have no visible means will not be able to refund the amounts should the appeal succeed.

13. That if execution ... is not stayed at this…

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