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ADM COCOA GHANA LIMITED V. INTERNATIONAL LAND DEVELOPMENT

(2015) JELR 66147 (SC)

Supreme Court  •  CIVIL MOTION NO.J8/47/2015  •  7 May 2015  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, ADINYIRA (MRS) JSC, GBADEGBE JSC, BENIN JSC

Appearances
KWAME BOAFO AKUFFO FOR THE APPLICANT; EDEM KUTSIENYO (LED BY LAWRENCE OTOO) FOR THE RESPONDENT.

Judgement
<p><strong>ATUGUBA JSC</strong></p><p>The brief facts of this application are that a judgment for US$2 million damages was given by the High Court in favour of the respondent against the applicant. Upon the transmission of the record of appeal to the Court of Appeal the applicant unsuccessfully thereat applied for a stay of execution of the said judgment pending the determination of the appeal by the court of Appeal. Having appealed to this court against the said refusal the applicant again applied unsuccessfully to the Court of Appeal for a stay of execution. The course of events from that stage is best captured in paragraphs 9 to 17 of the applicant’s affidavit in support of its present application before this court.</p><p>They are as follows:</p><p><em>“9. That pending the determination of the Interlocutory Appeal to this Court, the Applicant filed an Application before the Court of Appeal seeking to suspend any steps on the Entry of Judgment by the Plaintiff/Respondent pending the determination of the Interlocutory Appeal (E…</em></p>

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