DANKWA vs. AMARTEY AND ANOTHER

ADJABENG JA. In this application, the defendant-appellant-applicant prays this court to order the stay of the execution of the judgment given by the High Court, Accra in favour of the 2nd plaintiff-respondent-respondent pending the determination of an appeal lodged against the said judgment by the applicant herein. The judgment in question, which was delivered on 11 May 1993, ordered as follows: “I order that the defendant was reckless in erecting the building in question and ought to give up possession to the plaintiff. I grant the plaintiff damages of ¢50,000 for trespass on his land by the defendant for putting up the building on his land. I grant perpetual injunction against the defendant, and award the plaintiff costs of ¢100,000.” Dissatisfied with this judgment, the defendant-applicant appealed to this court. Among the grounds of appeal filed on behalf of the defendant-applicant are the following: “(b) The learned trial judge erred in law by ignoring the defendant-...