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The dawn of a new era in the grant of stay of execution in Non-Executory orders: The case of Ogyeadom Obranu Kwesi Atta VI

Source: Justice Eric Kyei Baffour

The dawn of a new era in the grant of stay of execution in Non-Executory orders: The case of Ogyeadom Obranu Kwesi Atta VI
MarryRight Ghana

Introduction

Save for patchy variations set out in a handful of cases in the last decade or so, the courts for more than three score years have been resolute in its refusal to grant stay of execution of orders, decrees, judgments and rulings of lower courts that are deemed not to be executable. Notwithstanding the palpable injustice occasioned to litigants who may have genuine appeals being pursued by such admirable fidelity to the law by Judges in refusing applications for stay of execution on the technical distinction of an order being appealed against as executable or non-executable, true substantial justice can be said to have been done in the case of Ogyeadom Kwesi Atta VI v Ghana Telecomunications & Co Ltd & Anor when the Supreme Court granted an application for stay of execution even though the substance of the appeal before the court was against a non-executable order of the Court of Appeal.

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