[1988]DLHC251 • August 5, 1988 • High Court
ABIREH vs. THE ATTORNEY-GENERAL AND ANOTHER
The plaintiff sued the defendants jointly and severally to recover certain sums of money arising from a highway collision. The High Court entered judgment for the plaintiff on 11 July 1988. The defendants appealed and sought a stay of execution pending appeal.
read moreJUDGMENT OF BENIN J. On 11 July 1988 this court entered judgment for the plaintiff-respondent (hereinafter referred to as the plaintiff) to recover certain sums of money from the defendant-applicants (hereinafter referred to as the defendants) jointly and severally in a suit arising out of a collision on the highway. On 12 July 1988 the defendants filed a notice of appeal against the court’s judgment stating the following grounds: (1). “The judgment is perversely erroneous and against the weight of evidence adduced at the trial. (2). The trial High Court judge woefully misunderstood the law that is applicable to the case and therefore misapplied the law and thereby denied the defendants justice. (3). The damages awarded as to loss of use are unreasonable.” They followed this up a day later with an application for a stay of execution pending appeal. The only ground canvassed in the supporting affidavit is contained in paragraph (6) thereof which has the following de...