MARY LARTEY AND HUBERT NII ABBEY vs. CHRISTIAN B. LARTEY & 3 ORS , ESTHER ADDO & 2 ORS

RULING Introduction This is an application by the defendants/ appellants/ applicants seeking to stay execution of the judgment of this court dated 9th November 2018. I dismissed the application on 8th February 2019 and I deferred my reasons to today 11th February 2019. Summary of Applicants’ Submissions In a 58 paragraph affidavit in support, the 1st defendant who is now the head of family of the J. T. Hammond family averred, inter alia, that their appeal has a great chance of success and that if the court had adverted its mind to the judgment of Smith J. delivered on 21st March 1958 (attached to the affidavit in support as exhibit 5) and the last will and testament of J. A. Hammond (attached to the affidavit in support as exhibit 6), the court would not have held that the late J. A. Hammond held a 1/3 share in the property in dispute. He averred for example in paragraph 27 of the affidavit in support as follows: “That the truth of the matter is that the Smith judgmen...