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ALEX ADU V. THE COMMISSIONER-GENERAL GHANA REVENUE AUTHORITY

(2014) JELR 68616 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/21/2014  •  10 Apr 2014  •  Ghana

Coram
R.C OWUSU (MS) JSC (PRESIDING), J. V. M. DOTSE JSC, ANIN-YEBOAH JSC, P.BAFFOE-BONNIE JSC,N. S. GBADEGBE JSC

Judgement

JUDGMENT

DOTSE JSC

The main issue raised in this appeal revolves around the principles that an appellate court faced with an application for Stay of Execution must consider and apply.

FACTS OF THIS CASE

The Plaintiff/Respondent/Respondent/Appellant, hereafter referred to as the Plaintiff claimed the following reliefs in the High Court against the Defendant/Appellant/Applicant/Respondent, hereafter referred to as the Defendant:

PLAINTIFF’S CLAIM AGAINST THE DEFENDANT:-

a. “General damages for the illegal and unlawful detention of his vehicle from 19th February 2008 to 9th August 2010.
b. Loss of use on the two vehicles at the rate of GH¢30 per diem on the Nissan Primera and GH¢600 per diem on the Tipper Truck from 19th February 2008 to 9th August 2010.
c. Interest on the above sums at the prevailing bank rate.
d. Any further order or orders as this Honourable Court would deem fit in the circumstances.”

Basically, the Plaintiff herein averred in his statement of claim that sometime on or about th…

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