AKUAFO ADANFO MARKETING CO. vs. STEPHEN YAW MENSAH

This is a motion for stay of execution of the Judgment of the High Court. The judgment of the court referred to reads: “In sum, I therefore order that the defendant be made liable for the loss of 119 bags of cocoa. His counter claim is entirely dismissed. I award the plaintiff costs of ¢8 million”. It is the execution of this judgment that the applicant wants stayed. The case of Scatech Ltd. v. Pettingland Farms Ltd & ors. (1987-88) I GLR pg. 51, the Court of Appeal held:— “The successful party could not be deprived of the fruit of his judgment unless it could be satisfactorily shown that if the stay was not granted, it would create irreparable damage, the court in the exercise of their absolute and unfettered discretion to grant or refuse an application for stay would therefore only grant a stay if there were special circumstances, which have been deposed to in an affidavit.” Exceptional circumstances where a stay may be granted were such as for instance where execution...