KASSER V. RAZIEL CONSTRUCTION LTD (NO 2)

ARCHER CJ. I have had the opportunity beforehand of reading the opinion of my brother Aikins JSC and I agree with him that the application for leave to appeal should not be granted.

FRANCOIS JSC: The plaintiffs-respondents, Raziel Construction Ltd, instituted an action in the Circuit Court, Accra against the defendant-applicant for possession of House No C260/3, Ring Road

Central, Accra, being premises occupied by the defendant. They proceeded on the basis that they had been granted a lease of the said premises by the legal representatives of the deceased owner.

Judgment was delivered in favour of the plaintiffs on 13 October 1992. Dissatisfied, the defendant-applicant appealed to the Court of Appeal and sought additionally, a stay of proceedings till the merits of his appeal had been considered.

In a ruling delivered on 11 March 1993, the Court of Appeal refused the application for stay. The substantive appeal has yet to be heard but the defendant-applicant, anxious to preserve the statu…