judy.legal
Login Register
📄 PDF

BANNERMAN AND OTHERS V. FRETETE ODOMANKOMA JEWELLERY LTD.

(1987) JELR 65968 (CA)

Court of Appeal  •  29 Jul 1987  •  Ghana

Coram
ABBAN JA,WUAKU JA,AMUA-SEKYI J.A.

Appearances
KWAKU BAAH FOR THE APPLICANTS; PROFESSOR KUMA FOR THE RESPONDENTS.

Judgement
<p>AMUA-SEKYI J.A.: On 6 May 1987 the High Court, Accra presided over by Ampiah J.A., entered judgment for the plaintiffs in the sum of ¢33,200,000 damages and ¢30,000 costs. A claim for specific performance of an agreement to grant a sublease was refused. Of the damages, ¢3,200,000 appears to have been awarded as special damages and ¢30,000,000 as general damages. The defendants dispute that the plaintiffs are entitled to either of these sums and have exercised their right of appeal. The question now is whether execution of the judgment ought to be stayed pending the hearing.</p><p>When the defendants applied to Ampiah J.A. he stayed execution of the costs but ordered that the defendants pay ¢10,000,000 out of the damages to the plaintiffs within two weeks or have the premises locked up pending the hearing of the appeal. When after two weeks the said sum of ¢10,000,000 had not been paid, he made a fresh order, this time staying execution of the whole of the damages but ordering that the costs…</p>

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login