KASSER vs. RAZIEL CONSTRUCTION LTD (NO 1)

LAMPTEY JA. On 7 December 1992, we dismissed the application of Patrick Moffact Kasser (hereinafter referred to as “Kasser”) for a stay of execution of the judgment of the Circuit Court, Accra, dated 13 October 1992 in favour of Raziel Construction Limited (hereinafter referred to as “the company”). We now give our reasons. The company sued Kasser and claimed recovery of possession of House No C260/3 Ring Road Central, Accra. On 13 October 1992 the Circuit Court, Accra, entered judgment for Raziel against Kasser. The court made the order following: “Defendant (Kasser) must therefore vacate forthwith to enable plaintiffs enjoy the fruits of their labour. The matter had dragged on for too long.” Kasser was dissatisfied and aggrieved by the judgment and appealed to this court. He then applied to the trial court for a stay of execution of the judgment. The application was refused. In the circumstances, Kasser repeated the application for stay of the judgment in this court. T...