IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT (COMMERCIAL DIVISION)
ACCRA - A.D 2018
GROFFIN AFRICA FUND LTD - (Plaintiff)
COLL BOY ENTERPRISE AND 2 OTHERS - (Defendants)
DATE: 28 TH MAY, 2018
SUIT NO: MISC/0132/17
JUDGES: GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
SEAN POKU FOR APPLICANT/RESPONDENT
KWAME BOAFO FOR RESPONDENT/APPLICANT
This is an application for stay of execution. I have read the application and the supporting affidavit. I have also read the affidavit in opposition filed by the Respondents. Regard has been given to the oral submissions made by both counsel. I have also given consideration to the relevant rules of the High Court (Civil Procedure) Rules, 2004 C.I. 47. The decision of the Court which is the subject of Appeal empowers the Applicant/Respondent to take possession of the property the subject matter of the originating motion. The Respondents have indicated that the 2nd Respondent is living in this property with his families.
A court has a duty to weigh the inconvenience that a stay or refusal thereof shall cause the parties. In the instant case, weighing the inconvenience to the parties, I am of the view that the applicants herein shall suffer more inconvenience and hardship should the application be refused. In any case, should the appeal fail, and the decision of the court is affirmed, the Respondents can still take possession and realise same. It is the duty of the court however, to ensure that the Applicants herein do not alienate, transfer or deal with the property in a manner that will jeopardize the interest of the Respondent herein until the determination of the appeal.
In the circumstance, I grant the application on condition that the 2nd and 3rd Respondents shall execute an undertaking with the Registrar of the Commercial Court not to transfer, alienate, sell or in any manner deal with the property such as will jeopardize the interest of the respondents herein, until the final determination of the appeal. This undertaken should be filed with the Registrar by the close of today’s work. No order as to costs.