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M. BARBISOTTI & SONS LIMITED V. CYPRESS INVESTMENT LIMITED

(2018) JELR 107892 (HC)

High Court  •  SUIT NO: GJ/134/2017  •  5 Nov 2018  •  Ghana

Coram
KWEKU T. ACKAAH-BOAFO

Judgement

RULING ON STAY OF EXECUTION PENDING APPEAL

i. Introduction

[1] This is an application praying the court to stay execution of the judgment of this Court  delivered on July 26, 2018 pursuant to an issue set down for legal argument by the parties pending  the determination of the appeal against the said judgment at the Court of Appeal. The application  has been brought on the grounds, inter alia, that the Defendant is ostensibly dissatisfied with the  judgment of this Court and has filed a Notice of Appeal and that the appeal raises substantial issues  of law and has a very bright chance of success. 

[2] It recalls that on the 2nd day of February, 2017, the Plaintiff/Respondent (hereafter referred  to as the Plaintiff) issued a writ of summons against the Defendant/Applicant, (hereafter referred  to as the Defendant) for stated reliefs endorsed on the writ of summons. The Defendant entered  appearance and filed a Statement of Defence and Counterclaim. It is unnecessary to recount all …

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