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GHANA COMMERCIAL BANK V. BULKSHIP & TRADE LTD, CHRIS CHINEBUAH & DZIFA FRENCH CUDJOE

(2014) JELR 82080 (SC)

Supreme Court  •  NO.J8/94/2014  •  20 Nov 2014  •  Ghana

Coram
AKAMBA, J.S.C.

Appearances
Mr. Kwesi Fynn Esq. For The Applicant. Mr. Clarence Tagoe Esq. with him Mr. Kofi Twumasi Anokye For The Respondents.

Judgement
<p style="text-align: center;"><strong><u>RULING</u></strong></p><p style="text-align: justify;"><strong>AKAMBA, JSC</strong></p><p style="text-align: justify;">The application before me is for a ‘stay of execution and proceedings or suspension of the entry of judgment pending appeal’ and is a repeat application of a similar one dealt by the Court of Appeal on 14th May 2014.</p><p style="text-align: justify;">This application was made by motion and supported by a fifty-nine (59) paragraph affidavit as well as forty-seven (47) exhibits. As if that was not enough, the applicant filed his legal arguments in support of the motion. The respondents filed their joint seventy-seven (77) paragraph affidavit to which they attached five exhibits in opposition to the motion. Counsel for the respondents sought to rely on a preliminary objection, citing reference thereto, in the closing paragraphs in their affidavit in opposition.</p><p style="text-align: justify;">The rules of this court do not require the filing of legal arguments in an application of this nature for stay of execution. All that is required is the motion application supported by an affidavit deposing to the facts sought to be relied upon. On …</p>

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