[2015]DLCA8419March 10, 2015Court of Appeal

NII LANTE MILLS vs. MILDRED AMA WOODE

This is a ruling in respect of a repeat application for stay of execution of the judgment of the High Court dated 10th of April 2014. The application is supported by a sixteen-paragraph affidavit sworn to by the defendant/appellant/applicant (applicant). According to the deponent, the plaintiff/respondent/respondent (respondent) obtained judgment against her at the High Court in respect of land of which she was in possession. The main arguments canvassed on behalf of the applicant were that the applicant’s appeal had a good chance of success as it was her case that she was a bona fide purchaser for value without notice. It was contended that due to the respondent’s penchant to pull down the applicant’s structures, the respondent was likely to pull down the structure she had on the land or worse, sell the land to a third party, a circumstance that would not only create hardship, but also render a successful appeal nugatory. Learned counsel for the respondent in response raised...