EUNICE OPPONG vs. ABENA AGYIRIWA

This is a motion on notice for stay of execution pending appeal filed by the applicant herein on the 18th of March 2019. The principles governing stay of execution has been covered in cases such as Eboe v Eboe 1961 GLR, Mensah v Ghana Football Association 1989/90 GLR. The general principles of law is that a litigant who succeed at trial is entitled to enjoyed the fruits of his judgment on the authority of Nwabueze v Nwosu (1988) 4 NWLR part 88 page 257. It is also the position of the law that in the consideration of an application for stay of execution the nature of the subject matter on the authority of Dada v University for Lagos 1971 1 ULLR must weigh on the court’s mind in addition to whether the order being appeal against is executable or not. Where the judgment is in respect of money and costs, the court will also take into consideration the probability of whether there is a reasonable prospect of recovering this back from the respondent if the appeal succeeds. .....