judy.legal
Login Register

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

(2014) JELR 68693 (SC)

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

Coram
AKAMBA J.S.C.

Judgement

RULING

AKAMBA, JSC

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.

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.

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 …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login