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THE REPUBLIC v THE HIGH COURT, SEKONDI; EX-PARTE: NICHOLAS BERNARD ASARE

(2009) JELR 83378 (SC)

Supreme Court 20 May 2009 Ghana
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- The plaintiff bank, dissatisfied with a High Court (Sekondi) judgment awarding general damages and costs in favour of the defendants on a counterclaim, appealed and sought a stay of execution pending appeal. - The High Court dismissed the

Case Details

Judges:ATUGUBA JSC, ADINYIRA JSC, OWUSU JSC, A. YEBOAH JSC, B. BONNIE, JSC
Counsel:JOSEPH AKYEAMPONG FOR THE APPLICANT. EBOW QUASHIE FOR THE RESPONDENT.
Other Citations:[2009] GLR

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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