LAMBERT ELECTROMEC LTD. V. DE SIMONE LTD

JUDGMENT

STEPHEN OPPONG, JA:

This judgment is in respect of an Interlocutory Appeal against the Ruling of the trial High Court dated the 2nd day of November 2023 which granted an application for stay of execution pending an appeal against the judgment of the court. Dissatisfied with the Ruling, the Plaintiff/Appellant herein appealed the aforesaid Ruling on the following grounds:

a. Judgment is against the weight of evidence on record.

b. The learned trial judge erred in staying execution of the US$75,588 having found that the Defendant/Judgment/Debtor/Respondent had failed to show that the appeal will be rendered nugatory if it succeeds.

c. The learned trial judge erred in holding that the appeal discloses arguable points when the judgment of the high court was based on Defendant/Judgment/Debtor/Respondent’s own admission.

d. The learned trial judge failed to take into account the statement of defence filed by the Defendant/Judgment/Debtor admitting that works have been completed by the Pl…