[2025]DLCA18385 • July 9, 2025 • Court of Appeal
ABRAHAM KWASI SERBEH AND 4 ORS vs. KWAME APPIAH AND 3 ORS
The plaintiffs/appellants/applicants sought a stay of execution of a High Court judgment pending appeal. The dispute involves properties devised under a Will, with executors intending to apply for probate and potentially vest property rights in beneficiaries, including attempts to sell property and close a school on one of the properties. The respondents have taken steps to take possession of leased property upon lease expiration, raising concerns about executable inevitabilities before appeal determination.
read moreRULING In their submissions on the application by plaintiffs/appellants/applicants for stay of execution yesterday, counsel on both sides, but in particular counsel for defendants/respondents/respondents, treated us to an array of precedents of the Supreme Court on the subject of stay of execution. Notable among the cases urged on us is Ogyeadom Obranu Kwasi Atta VI vs Ghana Telecommunications Company Ltd Civil Appeal No. J8/131/2019, dated 28 April 2020. This case centered on applications to the Supreme Court to Stay Court of Appeal decisions which are largely non-executable. After deprecating some of its own decisions which closed or narrowed the path of orders of stay of execution in respect of Court of Appeal decisions, the Court decided essent.,ially that, (a) the Supreme Court when faced with a non-executable decision of a Court of Appeal based on an executable High Court decision, may deploy its residual powers in Article 129(4) of the 1992 Constitution to assume the powers...