AFRICAN AUTOMOBILE vs. ACCRA METROPOLITAN ASSEMBLY

This is an application for stay of execution filed by the Defendant/Judgment/Debtor/Applicant. I have read the application and the supporting affidavits. I have also read the affidavit in opposition. Regard has been given to the principles governing the grant or otherwise of applications of this nature. It is noted that the court ordered both counsel to file their written submissions. None of them has complied. The court however finds it necessary to determine the application without the submissions of the lawyers as they have both shown that they do not want to address me. After examining the affidavit filed by the Defendant/Applicant, I find no merit in the application. The judgment upon which the Defendant/Applicant has lodged the appeal which also forms the basis of the application has been found to be fraudulent. It is therefore my view that any purported act based on the said fraudulent judgment is void. Again, the claim by the Defendant/Applicant that the Defendant shall...