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STANDARD CHARTERED BANK GHANA LTD.
V.
WESTERN HARDWOOD LTD, FARROUK BARRAKEH

(2009) JELR 68449 (SC)

Supreme Court 20 May 2009 Ghana
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- The Supreme Court affirmed that an order of the trial court, once confirmed by an appellate court without variation, remains the order of the trial court for enforcement and cannot be made the subject of an application for stay of executi

Case Details

Suit Number:CIVIL MOTION NO. J8/50/2009
Judges:ATUGUBA J.S.C (PRESIDING), ANSAH J.S.C, ADINYIRA (MRS) J.S.C, OWUSU (MS) J.S.C, B. BONNIE J.S.C
Counsel:JOSEPH AKYEAMPONG FOR THE APPLICANT; EBOW QUASHIE FOR THE RESPONDENT.
Other Citations:(2009) JELR 92167 (SC)

RULING

ATUGUBA JSC

The applicant moves "this honourable court to suspend the order of the Court of Appeal: Their Lordships Quaye, Addo and Acquaye JJA dated 30 March 2009 and to stay execution of the judgment of the High Court, Sekondi, Coram: His Lordship, Honyenuga dated 30 May 2008 upon the grounds contained in the accompanying affidavit and for any further order(s) as this honourable court may deem meet." (The emphasis is ours).

The facts grounding this application are stated in the following relevant paragraphs of the supporting affidavit:

"(3) On 30 May 2008, the High Court, Sekondi, presided over by his Lordship, Honyenuga J, delivered judgment in the suit between the plaintiff bank and the defendants.
(4) In the said judgment, his lordship ruled in favour of the defendants-respondents-respondents on their counterclaim and also awarded general damages of Gh¢300,000 together with costs of Gh¢6,000 against the plaintiff-appellant-applicant.
(5) Dissatisfied with the judgment, the plain…

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