SHAIBU AMADU
V.
HFC BANK

(2018) JELR 107914 (HC)    
High Court  ·  SUIT NO: AP 208/2015 ·  30 Jul 2018 ·  Ghana
CORAM
JUSTICE KWEKU T. ACKAAH- BOAFO
Core Terms Beta
court
application
appeal
plaintiff
defendant
stay of execution
exceptional circumstances
court of appeal
balance of convenience
beneficiaries of the grant of such applications
defendant’s appeal
determination of the appeal
execution of the judgment
favour of the plaintiff
instant application
above factor
above stated principles
ample evidence
appellate court
application of such nature
bright chance of success
case of the parties
civil suit
court grant
defendant’s counterclaim
exceptional circumstance
execution of the judgment of this court
exercise of discretion
exercise of judicial discretion
grant of discretion
joseph laryea ashong
judgment-debtor pays
judgment of this court
legal principles
legal reasons
nana kwasi agyeman
payment of large sums of money
recent experience
review of the acceptable principles
serious legal issues
stay ought
substantial issues of law
such stay
supporting affidavit

RULING

MOTION ON NOTICE FOR STAY OF EXECUTION PENDING APPEAL

i. Introduction

[1] This is an application praying the court to stay execution of the judgment of this Court  delivered on May 11, 2018 pending the determination of the appeal against the judgment at the  Court of Appeal. The application has been brought on the grounds inter alia that the Defendant is ostensibly dissatisfied with the judgment of this Court and has filed a Notice of Appeal and the  appeal raises substantial issues of law and has a very bright chance of success.  

[2] It recalls that on the 14th day of October, 2015, the Plaintiff/Respondent (hereafter referred  to as the Plaintiff) issued a writ of summons against the Defendant/Applicant, (hereafter referred  to as the Defendant) for stated reliefs endorsed on the writ of summons. The Defendant entered appearance and filed a Statement of Defence and Counterclaim. This Court after trial, entered  judgment in favour of the Plaintiff and dismissed the Defendant’…

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