[2015]DLCA8043 • February 12, 2015 • Court of Appeal
EBUSUAPANYIN AKUMA MENSAH vs. LANDS COMMISSION, APOSTOLIC FAITH MISSION, WOFA YAW AND ASARE K. BOADI
ADUAMA OSEI JA: On the 15th of July, 2014, the Defendants/Respondents/ Appellants/Applicants, hereinafter called “the Applicants”, filed an appeal to the Supreme Court against a judgment of this Court. They followed up the Notice of Appeal with an application for stay of execution of the said judgment. That application was heard by a single judge of this Court on the 10th of November, 2014 under article 138 of the 1992 Constitution and it was dismissed as having no merit. The Applicants have come back to this Court under article 138(b) of the Constitution praying the Court, as duly constituted, to discharge the order made by the single judge on the 10th of November, 2014. From the affidavit supporting the application, the reason why the Applicants want to have the order of the single judge discharged is that, having regard to the law, the affidavit evidence they placed before the single judge entitled the Applicants to a grant of stay of execution. In moving the application the...