MOHAMMED ODARTEY LAMPTEY vs. LANDS COMMISSION, APOSTOLIC FAITH MISSION, WOFA YAW AND ASARE K. BOADI

OFOE,J.A: The application before us calls for a consideration of two main legal provisions. It is preferable to quote them for our guidance and a clearer understanding of this opinion. Article 136(2) provides: “The court of appeal shall be duly constituted by any three of the justices referred to in clause (1) of this article and when so constituted, the most senior of the justices shall preside”. Article 138 states: “A single justice of the court of appeal may exercise a power vested in the court of appeal not involving the decision of a cause or matter before the court of appeal, except that (a)…………………………………………. (b) in civil matters, any order, direction or decision made or given in exercise of the powers conferred by this article, may be varied, discharged or reversed by the court of appeal as duly constituted Rule 20(1) and (2) of C.I 16 (The Supreme Court Rules) (1) A civil appeal shall not operate as a stay of execution or of procee...