FRANSTEL LIMITED V. MERCHANT BANK LTD

IRENE C DANQUAH, JA

This is an interlocutory appeal emanating from a ruling of the High Court, Kumasi dated 7^th November, 2011. The High Court in its ruling granted a stay of execution of the judgment of the said Court delivered on 8^th December, 2009 in the following terms:

“Accordingly the application is granted as prayed. The judgment of the Court dated 8^th December, 2009 is hereby, stayed. The application also seeks a release of items/ equipment seized in execution on Friday 21/5/2010. Since these items have already been released to the Defendant Bank, no further order need be made except to confirm the said order ex abundanti cautela, which I, hereby, confirm. No order as to costs.”

Aggrieved by the said decision, the Plaintiff/Respondent/Appellant thus appealled on two main grounds. The first ground of appeal reads;

1. The learned trial judge misconceived the nature and scope of the Appellant’s application filed by the Defendant/ Respondent.

In arguing this ground of appeal, counsel f…