[2016]DLCA8458July 23, 2016Court of Appeal

ANTONIO OLIMPIO SANTOS FELEX vs. GIOVANNI ANTONELLI & 1 OR

GYAESAYOR, JA Parties are locked up in a business litigation in respect of certain equipment shipped into the country by plaintiff/respondent to the benefit of 2nd defendant which was to use the said equipment to defray cost of shares being acquired by plaintiff/respondent. As a result of a dispute which arose between them the matter went to the High Court which in the course of the hearing and upon an application brought by the plaintiff made an order of interim preservation of the equipment pending the determination of the suit. The defendants applied for stay of the order after an application for interim injunction filed by them was refused. A subsequent application for stay of execution was also refused by the trial court in a ruling dated 26/4/2016. The application was repeated in the court of appeal before a single appellate judge who refused the application on the grounds that there are no exceptional circumstances to warrant the grant. The instant application is for ...