SETHI BROTHERS GHANA LIMITED V. REGENCY ALLIANCE INSURANCE LIMITED

YEBOAH, JSC.

On the 22^nd of June 2018, the High Court, Accra (Commercial Division) entered judgment against the applicant herein in favour of the respondent herein to recover an amount of US$2,355,135.14 arising from an insurance claim. As some facts of the case appear to be contentious this court in determining this application is to limit itself to the facts which both parties before us admit in various affidavits filed after the judgment in this case to the present application.

On the very day that judgment was delivered at the High Court, the applicant lodged an appeal to the Court of Appeal, Accra. According to the applicant, it proceeded to file a motion for stay of execution of the judgment on 28/6/2018. On 25/07/2018 the learned High Court judge granted the motion on terms and ordered that the applicant herein should pay thirty percent of the judgment debt and costs to the respondent. The applicant, repeated the motion for stay of execution at the Court of Appeal, Accra, as it f…