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REPUBLIC V. COURT OF APPEAL, ACCRA; EX PARTE SIDI

(1988) JELR 82611 (SC)

Supreme Court  •  14 Jul 1988  •  Ghana

Coram
SOWAH C.J., TAYLOR JSC, FRANCOIS JSC, ABBAN JSC AND AMUA-SEKYI JSC.

Appearances
N. Kuenyehia For the Applicant. T. Codjoe For the Respondent.

Judgement
<p style="text-align: justify;"><strong>SOWAH C.J. </strong></p><p style="text-align: justify;">This was an application for the grant of certiorari to quash the decision of the Court of Appeal and for mandamus to order the Court of Appeal to hear the application by the applicant against an alleged refusal by the High Court, Tamale to stay the judgment debt and costs awarded against him.</p><p style="text-align: justify;">The brief facts of this case as reproduced from the affidavits in support were that the applicant wrote a letter to the Secretary of the Ministry of Roads and Highways and copied it to the chief director of that organisation and other persons containing libellous matters against the respondent. The High Court, Tamale found that the letter was defamatory of the respondent and awarded him ¢1,000,000 damages. The respondent had claimed ¢10 million in his writ. Subsequent to the judgment the applicant applied for a stay of execution of the judgment debt and costs pending his appeal. The High Court judge ordered that:</p><blockquote><p style="text-align: justify;">&quot;the judgment debt and costs be paid into court within three months from th…</p></blockquote>

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