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THE REPUBLIC V. NII ACHIA II EX PARTE: JOSHUA NMAI ADDO AND EMMANUEL KWATEI QUARTEY-PAPAFIO

(2014) JELR 68706 (SC)

Supreme Court  •  CIVIL APPEAL NO.J8/96/2014  •  30 Oct 2014  •  Ghana

Coram
AKAMBA J.S.C

Judgement

RULING

AKAMBA JSC:-

Joshua Nii Nmai Addo and Emmanuel Kwatei Quartey-Papafio the joint Applicants (hereinafter simply referred to as Applicants) are head and representative respectively of the Nii Kwatei Quarty-Papafio family.

The Applicants had on 18th December 2008 issued a writ in the High Court, Accra, against one Kwasi Owusu and the Nii Achia family in suit No. AL 44/2009 claiming a piece of land situated at Achiaman, near Amasaman in the Greater Accra Region of Ghana. Judgment was entered by the court presided over by Justice S.K Asiedu, on 5th September 2012 in favour of the Applicants herein.

The Applicants subsequently filed entry of judgment and same was served on the losing party i.e. the Defendants/Judgment Debtors.

The Defendants/Judgment Debtors filed an appeal on 2nd October 2012 against the decision. This was followed by an application for stay of execution pending the hearing of the appeal. The trial court on 29th October 2012 refused to grant the stay hence the applicatio…

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