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DUMEGAH AHADJI DODO, HLORTATOR KPEGLA, TOGBE AHIL II AND TOGBE KPORTI AMENGOR V. BRITISH TOBACCO CO. LTD, DR. ABLOR AND SOLOMON HODANU

(2014) JELR 68683 (SC)

Supreme Court  •  CIVIL APPEAL NO. J8/61/2014  •  19 Jun 2014  •  Ghana

Coram
BENIN J.S.C

Judgement

RULING

BENIN JSC:

This is an application by the plaintiffs/defendants for a stay of execution of the judgment or decision of the Court of Appeal dated 23rd January, 2014 pending appeal to this court against the said decision. The Court of Appeal allowed the appeal by the defendants/respondents herein and entered judgment in their favour on their counterclaim.

The subject-matter of the dispute is a piece and parcel of land situate at Sogakope. Issues of title and recovery of possession, inter alia, were raised. Following the Court of Appeal’s decision the plaintiffs/applicants herein appealed to this Court, which is not yet seised with the appeal. So under the rules of Court, C. I. 16, the plaintiffs/applicants first made an application to the Court of Appeal to stay execution of the judgment, but the Court of Appeal dismissed it on 14th April, 2014. Thus this is a repeat application to this Court under C. I. 16.

The facts culminating in this application may be stated briefly as follows. I…

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