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JONAS ADDO MCKAY, MR. OKU AND MRS. OKU V. DANIEL MENSAH AND NATIONAL LOTT RECEIVERS

(2013) JELR 68586 (SC)

Supreme Court  •  CIVIL APPEAL NO. J8/49/2013  •  10 Apr 2013  •  Ghana

Coram
BENIN J.S.C.

Judgement

JUDGMENT

BENIN JSC:

On 16th January 2012 the Court of Appeal dismissed an application filed and moved by the 1st defendant/appellant/applicant hereinafter called the applicant praying the court to stay execution of judgment delivered by the High Court, Accra, on the sole ground that it was out of time. Nine days later the applicant applied to the Court of Appeal to review its decision. The record shows that it was not until 8th November 2012 that the Court of Appeal delivered its opinion dismissing the application for review. Dissatisfied with this ruling, the applicant appealed to this court by notice dated 15th November 2012. The applicant then filed what they termed repeat application for interlocutory injunction pending appeal. The plaintiffs/respondents/respondents, hereinafter called the respondents, raised a preliminary objection to the application for interlocutory injunction. It is the preliminary objection which is the subject of this ruling.

Three grounds were raised in the no…

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