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(1978) JELR 64931 (HC)

High Court  •  1 Feb 1978  •  Ghana



OSEI-HWERE J.: On 7 November 1978, this court dismissed the defendants’ motion which sought for an order from the court to strike out the plaintiff‘s action in limine. By the endorsement on her writ the plaintiff’s claim against the defendants is for a declaration that the judgment of the court dated 26 August 1975 and confirmed by the judgment of the Court of Appeal dated 16 June 1977 should be set aside on the ground of fraud. The defendants have since then lodged an appeal to the Court of Appeal against the ruling of this court dismissing their motion. They have now come to court by this motion praying that the proceedings should be stayed pending the result of their appeal to the Court of Appeal. In the affidavit supporting their application the defendants raised the following pertinent matters as their bedrock:

“4. That the appeal raised questions of law of much complexity and general interest and it is desirable that the Court of Appeal should pronounce on them.

5. That if the ac…

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