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N. B. LANDMARK LIMITED V. KISHINI LAKHANI

(2001) JELR 68274 (SC)

Supreme Court  •  21 Feb 2001  •  Ghana

Coram
AMPIAH JSC, KPEGAH JSC, ADJABENG JSC, ACQUAH JSC, ATUGUBA JSC

Judgement

JUDGEMENT

ACQUAH JSC.

This is an appeal against the decision of the Court of Appeal granting a stay of execution of the ruling of the Circuit Court, Accra dated 24 September 1998. This ruling of the Circuit Court, Accra refused an application to set aside its decisions of 2 November 1998. The grounds of appeal as set out in the notice of appeal are:

“(a) The Court of Appeal erred in law when stay of execution of the circuit court judgment was in effect granted when there was an appeal against it.
(b) The Court of Appeal erred in law when it refused to uphold that service of hearing notices on solicitors under the circumstances of this case amounted to service on the respondent.
(c) The Court of Appeal erred in law and in contravention of the Constitution, 1992 when it refused to be bound by its previous decision which distinguishes between judgment that could be set aside and judgment that ought to be appealed against.
(d) The Court of Appeal erred when it sustained an application for s…

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