[2017]DLHC9079 • December 14, 2017 • High Court
ALBERT AKWASI AKOWUAH & ANOTHER vs NANA AGYEI NYENTUMI MENSAH
In this application, the Defendant/Applicant, referred to as Defendant prays this honourable Court to stay the execution of the judgment of this Court delivered on June 20, 2016, pending the determination of the appeal lodged by the Defendant against the said judgment. The present application is premised on two main grounds, the first being that the appeal has a great chance of success for which reason if the Plaintiff/Respondent, referred to as the Plaintiff is allowed to go into execution, the Defendant’s victory would be rendered nugatory. The second ground is that the Defendant would suffer greater hardship if the application is refused since the 2nd Plaintiff would not be in a position to refund whatever monies he would receive if the appeal is successful. Let me briefly set out the material facts giving rise to the present application. On March 22, 2012, the Plaintiffs issued a writ of summons against the Defendant for the following reliefs: i. An order for the refund of t.....