GEORGE ANKOMA MENSAH vs PRECIOUS MINERALS MARKETING CO.

RULING I have listened to the submissions for and against the Defendant/Applicant (hereinafter called the Applicant) application for Stay of Execution pending appeal filed on 27th July, 2923. I have gone through the documents filed in support and in opposition to the instant application. In cases of stay of execution pending appeal, the court is faced with two situations. First, the judgment creditor should not be deprived of the fruit of his victory. Secondly, the judgment debtor must be assured that if he wins the appeal, it would not be rendered nugatory. See: INTEGRATED INVESTMENT LTD v GIHOC DISTILLERIES CO. LTD [2008] 14 MLRG 91 CA Stay of Execution means, imposing fetters on the judgment creditor from obtaining an execution relief from the judgment debtor, or suspending the execution of the judgment which has been given in favour of the judgment creditor. See: OPPAN v FRANS AND CO. LTD [1984-86] 1 GLR 281 CA OSU STOOL v UNILEVER (GH) LTD [2003-2005] 1 GLR 274 CA REPUB...