[2009]DLSC2722 • May 20, 2009 • Supreme Court •
STANDARD CHARTERED BANK GHANA LTD. vs. WESTERN HARDWOOD LTD, FARROUK BARRAKEH
The applicant, Standard Chartered Bank Ghana Ltd., was dissatisfied with a High Court judgment in favor of the defendants/respondents on their counterclaim, which awarded them general damages and costs. The bank appealed and sought to stay execution of the High Court judgment pending appeal. The High Court and subsequently the Court of Appeal granted conditional stays requiring partial payment by the applicant. The applicant challenged the Court of Appeal's order to pay half the judgment debt pending appeal, arguing the respondents were impecunious and unable to repay if the appeal succeeded.
read moreATUGUBA JSC:- The applicant moves "this honourable court to suspend the order of the Court of Appeal: Their Lordships Quaye, Addo and Acquaye JJA dated 30 March 2009 and to stay execution of the judgment of the High Court, Sekondi, Coram: His Lordship, Honyenuga dated 30 May 2008 upon the grounds contained in the accompanying affidavit and for any further order(s) as this honourable court may deem meet." (The emphasis is ours). The facts grounding this application are stated in the following relevant paragraphs of the supporting affidavit: "(3) On 30 May 2008, the High Court, Sekondi, presided over by his Lordship, Honyenuga J, delivered judgment in the suit between the plaintiff bank and the defendants. (4) In the said judgment, his lordship ruled in favour of the defendants-respondents-respondents on their counterclaim and also awarded general damages of Gh¢300,000 together with costs of Gh¢6,000 against the plaintiff-appellant-applicant. (5) Dissatisfied with the judgm.....