N. B. LANDMARK LIMITED vs. KISHINI LAKHANI

ACQUAH, JSC: This is an appeal against the decision of the Court of Appeal granting a stay of execution of the ruling of the Circuit Court, Accra dated 24th September, 1998. This ruling of the Circuit Court refused an application to set aside its decisions of 2nd November 1998. The grounds of appeal as set out in the Notice of Appeal are: (a) The Court of Appeal erred in law when stay of execution of the Circuit Court judgment was in effect granted when there was an appeal against it. (b) The Court erred in law when it refused to uphold that service of hearing notices on solicitors under the circumstances of this case amounted to service on the respondent. (c) The Court erred in law and in contravention of the constitution when it refused to be bound by its previous decision which distinguishes between judgment that could be set aside and judgment that ought to be appealed against. (d) The Court erred when it sustained an application for stay of execution based on appeal again...