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SAMUEL HORACE QUARTEY V. BARCLAYS BANK GHANA LIMITED & THE EXECUTIVE DIRECTOR ECONOMIC AND ORGANIZED CRIME OFFICE ACCRA

(2017) JELR 107496 (HC)

High Court  •  HRCM 219/15  •  18 Aug 2017  •  Ghana

Coram
JUSTICE GIFTY AGYEI ADDO

Judgement

R U L I N G  

The application is to stay execution of judgment of this Court dated 28th April, 2017,  pending appeal. 

In the case of the Republic v. Court of Appeal: Ex-Parte Sidi (1987-88) 2 GLR  170 at 176. Taylor JSC, as he then was, defined what a stay of execution entails as  follows: 

That a stay of execution … means simply the suspension of any process or  procedure that would post the judgment. If an Applicant asks for such stay  pending the hearing and determination of his appeal, then what he is in effect  asking is that all processes that can be taken after judgment for the purpose, no  doubt of satisfying the judgment, should be stayed until the appeal is finally  heard and a decision given. 

From authorities such as the Northern Regional Development Co-operation v.  Haruna (1989-90) 1 GLR 340, Republic v. Court of Appeal, Ex Parte Sidi (1987-1988) 2 GLR 170 and Agyemang VII v. Dekyi XIII (1982-83) GLR 453, the guiding principles for the determination of an Application for S…

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