ABUDULAI vs. AGYEI II AND ANOTHER

JUDGMENT OF EDWARD WIREDU J. Two matters raised for consideration in this application for a stay of execution are: (a) The legal effect of the establishment of one High Court of Justice under article 112 of the Constitution of the Second Republic, 1969, which is saved by section 4 (a) of the National Redemption Council (Establishment) Proclamation, 1972, on the continued practice of heading writs, pleadings and other documents filed by parties and lawyers in the High Court registries with reference to specific “Judicial Divisions,” e.g. “In the High Court of Justice, Central Region, Cape Coast”; and (b) The general principles governing a stay of execution pending an appeal. The facts of this case which have provoked the above matters for consideration may be stated as follows: On 18 June 1975, Sarkodee J. sitting at the Accra High Court, gave judgment in favour of the plaintiff-respondent to this application in a suit commenced in the Tamale High Court, under s...