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ALROTECH CO. LTD V. NII OTSI ATTA IV (SUB. BY NII AKRAMAH II) & 2 ORS

(2016) JELR 68002 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H3/227/16  •  4 Jul 2016  •  Ghana

Coram
P. K GYAESAYOR JA (Presiding), IRENE LARBI (MRS) JA, A. LOVELACE-JOHNSON JA

Judgement

GYAESAYOR, JA

The ruling sought to be varied is dated 26th January 2016. It stayed the execution of the judgment dated 14th April 2015 pending appeal. That judgment was delivered by Justice Abdullah Iddrisu. An application for stay of execution was refused by the judge on 31st July 2015. The reason being that there is no executable order made in the judgment.

All judgments and applications have been resolved in favour of the present applicant. The respondents have not appealed against the judgments delivered by Justice Abodakpi on 30th April 2013 and that delivered by Justice Ofori Atta on 2nd December 2008. Even now they cannot appeal in view of the time limits given for appeals by Rule 9 of C. I. 19.

Indeed at page 30 of the judgment apart from the order for the costs and damages, does not contain any executable orders. We find no exceptional circumstances warranting the grant of the stay.

The applicant who has been found to have lawfully acquired the land and gave out portion to third …

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