[2025]DLCA18132 • May 15, 2025 • Court of Appeal
LAMBERT ELECTROMEC LTD. vs. DE SIMONE LTD.
The Plaintiff, Lambert Electromec Ltd., sued the Defendant, De Simone Ltd., for recovery of US$555,058.29 owed under contract certificates. The Defendant admitted indebtedness to the sum of US$496,422.61 less US$27,530.00 bank charges but disputed US$75,588 relating to costs incurred for completion of works by another company. The High Court entered judgment on admission for the Plaintiff for the admitted sum plus interest and costs. The Defendant appealed and applied for a stay of execution pending appeal and to pay by instalments, citing hardship and disputing the additional US$75,588. The High Court granted the stay of execution. The Plaintiff appealed the stay ruling to the Court of Appeal.
read moreJUDGMENT STEPHEN OPPONG, JA This judgment is in respect of an Interlocutory Appeal against the Ruling of the trial High Court dated the 2nd day of November 2023 which granted an application for stay of execution pending an appeal against the judgment of the court. Dissatisfied with the Ruling, the Plaintiff/Appellant herein appealed the aforesaid Ruling on the following grounds: a. Judgment is against the weight of evidence on record. b. The learned trial judge erred in staying execution of the US$75,588 having found that the Defendant/Judgment/Debtor/Respondent had failed to show that the appeal will be rendered nugatory if it succeeds. c. The learned trial judge erred in holding that the appeal discloses arguable points when the judgment of the high court was based on Defendant/Judgment/Debtor/Respondent’s own admission. d. The learned trial judge failed to take into account the statement of defence filed by the Defendant/Judgment/Debtor admitting that works have been .....