EDWARD AGYEKUM SEREBOE vs. CLEMENT NANA ADU KORANTENG

RULING I have listened to the rival submissions by counsel for the Applicant/Appellant/Applicant (hereinafter called the Applicant) and counsel for the Respondent/Respondent/Respondent (hereinafter called the Respondent). I have also read the documents filed in this application. In cases of stay of execution pending Appeal, the court is faced with two situations: I. The decision that the judgment creditor should not be deprived of the fruits of his victory. II. The Applicant must also be assured, that if he is successful on 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: OSU STOOL v UNILEVER (GHANA) LTD [2003-2005] 1 GLR 274 CA OPPAN v FRANS & CO. LTD [1984-86] 1 GLR 281 ...