GHANA COMMERCIAL BANK PENSIONERS ASSOCIATION V. GHANA COMMERCIAL BANK (GHANA) LTD.

OMARI-SASU, J.A.

After dismissing the defendant-Judgment-Debtors-Application for Stay of Execution of our ruling given on February 27, 2004 and March 12, 2004 we adjourned our reasons till today. These are now given hereunder.

The said application for stay of execution made by the defendants/Applicants (to be henceforth referred to simply as the Applicant) was preceded by a Notice of Appeal filed on March 15, 2004 the ground of which states:

"The Court (of Appeal) erred

"When it held that because the defendants did not plead "internal mechanism"

"Even though Plaintiffs pleaded facts that clearly showed that there had been "Internal mechanisms" and made some of those facts issues set down for trial the defendants could not rely on "internal mechanisms"

The present application was vehemently opposed by the Plaintiffs Judgment-creditors Respondents-Applicants.

Respondents (who shall henceforth be referred to simply as the Respondents)

On the grounds that the Application was the same in scope…