[2016]DLCA8561November 22, 2016Court of Appeal

F. N. OPPON & COMPANY LTD. vs. SETHI MANUFACTURING COMPANY LTD., NANA ADU MENSA ASARE AND THE LANDS COMMISSION

The plaintiff/appellant/applicant/respondent (herein after called the respondent) filed on repeat application for stay of execution before this court on 3rd August, 2015. This motion was considered by a single judge of the court and granted on terms on 18th November, 2015. The order lapsed because the terms could not be met. On 10th March, 2016, the respondent applied to the court as duly constituted to review or vary the order of the single judge. This application was dismissed on 11th April, 2016 on account of the fact that there was no order to review as the order had lapsed in accordance with its own terms. The respondent then filed a fresh application for stay of execution before the court as duly constituted indicating that fresh facts had come to its attention. The court considered the application and granted same on 19th July, 2016 against both parties. The 1st defendant/respondent/respondent/applicant (herein after referred to as the applicant), being dissatisfied w...