EMOS CONSTRUCTION LIMITED V. MECHANICAL LLYOD COMPANY LIMITED

JUDGMENT

TORKORNOO J.S.C.

What should have been the pleasant enjoyment of the fruits of justice has turned into a merciless round of litigation in the suit that has brought this appeal before the Supreme Court.

Background

In October 2012, the plaintiff/appellant/appellant (hereafter referred to as plaintiff) obtained judgment in the high court against the defendant/respondent/respondent (defendant) in the sum of GBP 26,689.00 or its cedi equivalent, damages of GHC 6,000 with costs of GHC5000. The defendant thereafter appealed and applied for stay of execution of the judgment. On 11th February 2013, the trial judge ordered the defendant to pay 50% of the judgment sum and stayed execution of the other 50% of the judgment sum pending appeal.

The defendant repeated the application for stay of execution pending appeal in the court of appeal. The court of appeal dismissed that application in March 2013 and affirmed the high court order to pay 50% of the judgment sum. The plaintiff thereafter pai…