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AMA PINAMANG V. S. K. BOAFO & 5ORS

(2022) JELR 109769 (SC)

Supreme Court  •  NO. J4/63/2021  •  6 Apr 2022  •  Ghana

Coram
DOTSE JSC (PRESIDING) DORDZIE (MRS.) JSC PROF. KOTEY JSC LOVELACE-JOHNSON (MS.) JSC PROF. MENSA-BONSU (MRS.) JSC

Judgement

JUDGMENT

DOTSE JSC:-

This is an appeal by the Defendants/Appellants/Applicants/Appellants hereafter referred to as the Defendants against the Ruling of of the Court of Appeal, Kumasi dated 22nd February 2021 refusing a repeat application for Stay of Execution filed at the Court of Appeal.

FACTS

The Plaintiffs/Respondents/Respondents/Respondents hereafter referred to as Plaintiffs instituted a probate action against the Defendants in the High Court Kumasi.

The Defendants contested the suit. After trial, the learned High Court Judge on 28th May 2020 delivered judgment in favour of the Plaintiff.

APPEAL BY DEFENDANT TO COURT OF APPEAL

The Defendants aggrieved by and dissatisfied with the judgment of the High Court appealed against the said judgment to the Court of Appeal on 27th August 2020.

Whilst the appeal was pending at the Court of Appeal, the Defendants filed an Application for Stay of Execution of the judgment of the High Court.

REFUSAL OF APPLICATION FOR STAY OF EXECUTION

The High Court re…

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