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GHASSOUB V. BIBIANI WOOD COMPLEX LTD.

(1983) JELR 65963 (CA)

Court of Appeal  •  3 May 1983  •  Ghana

Coram
EDUSEI JA,MENSA BOISON JA,ABBAN J.A

Judgement

EDUSEI J.A.: Edusei J.A. delivered the ruling of the court. Nyanor, counsel for the applicant, moves in terms of the motion paper and supporting affidavit for the application for stay of execution pending appeal. He contends that the issue was whether a service on a visitor is service on the solicitor. He further contends that the application in the court below was virtually dismissed. He therefore refers to Order 9, r. 19 (2) of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) to support his application.

Owusu Bempah, counsel for the respondent, on the other hand in opposing the application contends that the application in the court below was granted because the court below ordered that three-quarters of ¢150,366.36 (the judgment debt) plus costs of ¢8,000 should be paid to the plaintiff and one-quarter was to be paid into court. Counsel therefore submitted that the application be refused.

We think this is a proper case to grant a stay since there are arguable points in the app…

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