[2025]DLSC18354 • March 19, 2025 • Supreme Court •
ALHAJI HALIDU ABOUBAKAR vs. DINAH AFI MARTINS (DECEASED) AND KING GEORGE ENT. LTD
The Plaintiff commenced an action in the High Court, Accra against the Defendants seeking declaration of title and other reliefs. The High Court ruled in favor of the Defendants. The Plaintiff appealed to the Court of Appeal and filed a motion for stay of execution at first instance in the Court of Appeal, which was granted. The Defendants opposed and later applied to set aside the stay, which was refused. The Defendants then appealed to the Supreme Court against the refusal to set aside the stay.
read moreJUDGMENT BAFFOE-BONNIE JSC: This is an interlocutory appeal against the ruling of the Court of Appeal dated 13th day of December, 2022. For purposes of clarity, the Plaintiff/Appellant/Respondent herein shall conveniently be described as the Plaintiff, whereas the Defendants/Respondent/Appellants shall be described as the Defendants. The brief facts of this case are that the Plaintiff commenced an action in the High Court, Accra against the Defendants for declaration of title amongst other reliefs. The High Court delivered judgment in favour of the Defendants. The Plaintiff appealed against the decision to the Court of Appeal and subsequently filed a motion for stay of execution at the first instance in the Court of Appeal. The motion for stay of execution was opposed by the Defendants. The Court of Appeal having heard all parties granted the Application for stay of execution. It is worthy of note that this was the time of the introduction of the amendment of Rules ...