SAMUEL HORACE QUARTEY
V.
BARCLAYS BANK GHANA LIMITED & THE EXECUTIVE DIRECTOR ECONOMIC AND ORGANIZED CRIME OFFICE ACCRA

(2017) JELR 107496 (HC)    
High Court  ·  HRCM 219/15 ·  18 Aug 2017 ·  Ghana
CORAM
JUSTICE GIFTY AGYEI ADDO
Core Terms Beta
appeal
respondent
applicant
application
court
judgment
judgment sum
payment
stay of execution
affidavit
court of appeal
event
evidence
processes
special circumstances
view
assurance
authorities
bar
case
determination of an application
determination of his appeal
execution of judgment of this court
exercise of a discretion
ex-parte sidi
fruits of his litigation
grant of stay of execution
ground
guiding principles
man of straw
mere fact
parties
person
proposal
purpose
r u l
side
such stay
support of the motion
suspension of any process
taylor jsc
undoubted right of appeal
use of his business venture
victorious party
view of the applicant
view of the respondent

R U L I N G  

The application is to stay execution of judgment of this Court dated 28th April, 2017,  pending appeal. 

In the case of the Republic v. Court of Appeal: Ex-Parte Sidi (1987-88) 2 GLR  170 at 176. Taylor JSC, as he then was, defined what a stay of execution entails as  follows: 

That a stay of execution … means simply the suspension of any process or  procedure that would post the judgment. If an Applicant asks for such stay  pending the hearing and determination of his appeal, then what he is in effect  asking is that all processes that can be taken after judgment for the purpose, no  doubt of satisfying the judgment, should be stayed until the appeal is finally  heard and a decision given. 

From authorities such as the Northern Regional Development Co-operation v.  Haruna (1989-90) 1 GLR 340, Republic v. Court of Appeal, Ex Parte Sidi (1987-1988) 2 GLR 170 and Agyemang VII v. Dekyi XIII (1982-83) GLR 453, the guiding principles for the determination of an Application for S…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login