GHANA COMMERCIAL BANK LTD. vs. LA PALM BEACH HOTEL

This is an application for stay of execution pending appeal against the Judgment of His Lordship G.A. Aryeetey sitting at an Accra Fast Track High Court, and delivered on 28th day of June, 2005. The Judgment is attached to the application and marked "P.OK 4". For paragraph 15 of the affidavit in support of the application, the High court on 12/9/2005 dismissed a similar application for stay of execution pending appeal. The present application is therefore a repetition of the one dismissed in the court below. Moving the application, counsel relied on the averments contained in the affidavit in support of the motion. Counsel argued that for stated reasons, the Defendant's Company is not liable for the sum claimed by the plaintiff bank. In sum, it was counsel's contention that the Judgment of the court below cannot be supported by the evidence on record and dissatisfied with the Judgment therefore, the Defendant has appealed against same. Attached to the application is a copy of t...