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BARCLAYS BANK OF GHANA LTD V. CHARLES NYARKO

(2017) JELR 67536 (CA)

Court of Appeal  •  SUIT NO: H3/548/2017  •  11 Jul 2017  •  Ghana

Coram
A MABEL M. AGYEMANG (MRS.) JA

Appearances
EVANS DZIKUNU FOR DEFENDANT/APPELLANT/APPLICANT ,FRANK MARTEY FOR PLAINTIFF/RESPONDENT/RESPONDENT

Judgement

RULING

AGYEMANG JA

In the instant application, the defendant/appellant/applicant (hereafter referred to as the applicant) brought an application for a stay of execution of the ruling of this court duly constituted, pending appeal to the Supreme Court.

The application was supported by an eighteen-paragraph affidavit, as well as a seven-paragraph supplementary affidavit sworn to by Evans Gade to Djikunu of counsel for the applicant herein, in which he deposed to the following matters: that on 31st May 2017, this court duly constituted dismissed the applicant’s application for a stay of execution filed pursuant to Article 138(b) of the 1992 Constitution, and that it followed the dismissal of an application for a stay of execution of the judgment of the court below delivered on 28th February 2017. It was further deposed that the refusal of the application by the court duly constituted, was without regard to the stipulation regarding the payment of colossal judgments debts to require the judg…

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