CLIPPER LEASING CORPORATION vs. THE ATTORNEY GENERAL AND GHANA AIRWAYS LIMITED

AGYEMANG JA: In the instant application, the second defendant appellant/applicant makes the following prayers: 1. An order for the stay of execution of the judgment of the High Court, Commercial Division, Accra delivered on 5th February 2009; 2. An order setting aside the writ of summons and the proceedings thereon including judgment; and 3. That the plaintiff/respondent/respondent be made to refund all monies paid to it pursuant to the said judgment. The matters antecedent to the application are the following: The plaintiff/respondent/respondent (referred to hereafter as the respondent) brought suit at the High Court Commercial Division, on 13 July 2006 against the defendant/appellant/applicant (referred to as the applicant) for inter alia, the recovery of outstanding rent for the lease of an aircraft (MDDC10-30) and replacement engines. Judgment was entered against the applicant on 5th February 2009 for the payment of USD27, 000,000 as well as damages of GHC10, 000 for breach ...