ECOBANK GHANA LIMITED vs. AKOSOMBO TEXTILES LIMITED

BY COURT: The Defendant/Respondent has placed before me today a motion on notice for Stay of Execution of the Ruling of this court delivered on 23rd November 2017 pending the appeal it has filed in respect of same. I have given my thoughtful consideration to the affidavits filed in support of the motion as well as that against the grant of the motion. I have also heard from Counsel for both parties as they addressed the court orally, setting out before the court the various positions held by their clients. I have given attention to the case law, the authorities and the principles governing the grant or refusal of such an application. The C.I 47 gives the court against whose decision an appeal has been filed a discretion to either grant or refuse the application a Stay of Execution. The fundamental principle to be considered in granting a Stay of Execution requires the applicant to allege and prove by affidavit special circumstances why the application should be granted, such...