OPANYIN EKOW ACKON vs. HELINA AWORTWE (SUBSTITUTED BY CHARITY ASSAFUH), BROTHER KWAME {SUBSTITUTED BY DANIEL KWESI AWORTWE} & 2ORS. AND OPANYIN EKOW ACKON BERNARD DONKOH, GEORGE DADZIE & 3ORS.

RULING Order 43 rule 11 of the High Court (Civil Procedure) Rules, 2004 (CI 47) provides: Matters occurring after judgment, stay of execution 11. Without prejudice to Order 45 rule 15, a party against whom a judgment or order has been given or made may apply to the Court for stay of execution of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant the relief, on such terms as it thinks just. By the plain meaning of the provision, it is apparent a party may apply for stay of execution on the basis that a new development has taken place subsequent to a judgment or order of the court. In this application for stay of execution, Defendants/Respondents/Applicants (hereinafter called “Applicants”) are praying the court for an order staying the execution of the judgment of the court delivered on 18th December, 2023. This is a repeat application, as the previous application ...