[1987]DLCA720July 29, 1987Court of Appeal

BANNERMAN AND OTHERS vs. FRETETE ODOMANKOMA JEWELLERY LTD.

JUDGMENT OF AMUA-SEKYI J.A. Amua-Sekyi J.A. delivered the judgment of the court. On 6 May 1987 the High Court, Accra presided over by Ampiah J.A., entered judgment for the plaintiffs in the sum of ¢33,200,000 damages and ¢30,000 costs. A claim for specific performance of an agreement to grant a sublease was refused. Of the damages, ¢3,200,000 appears to have been awarded as special damages and ¢30,000,000 as general damages. The defendants dispute that the plaintiffs are entitled to either of these sums and have exercised their right of appeal. The question now is whether execution of the judgment ought to be stayed pending the hearing. When the defendants applied to Ampiah J.A. he stayed execution of the costs but ordered that the defendants pay ¢10,000,000 out of the damages to the plaintiffs within two weeks or have the premises locked up pending the hearing of the appeal. When after two weeks the said sum of ¢10,000,000 had not been paid, he made a fresh order, thi...