Nii Tettey Opremereh Ii and Another Vrs Komex Ltd and Others [2021] GHASC 7 (17 February 2021)

The respondents in the application instituted an action in the High Court, Lands Division Accra in respect of some parcels of land situated at East Legon. The subject parcels of land form part of a tract of land the state compulsorily acquired in 1944. The fourth and fifth respondents had maintained that, because of a judgment of the Supreme Court of the Gold Coast, dated 28 February 1947, they were to receive eight thousand five hundred and forty Pounds as compensation for the compulsory acquisition, however, the State failed to pay them. In its judgement dated 22 February 2017, the trial High Court ordered the applicant herein to pay the respondents the compensation adjudicated by the Supreme Court of the Gold Coast plus interest. The applicant appealed to the Court of Appeal which dismissed the appeal, and subsequently appealed against the decision by the Court of Appeal to this court. 

In this application, the applicant, the Lands Commission, prayed for an order staying the execution of the orders of the Court of Appeal pending the hearing of the appeal before the current court. The grounds for the application included that the fourth and fifth respondents are breaking down fence walls on the suit land and forcibly taking possession of parcels of land. They argued that the success of the appeal would be rendered nugatory if this court failed to grant the application. 

The court held that the refusal or granting of an application for a stay of execution is at the discretion of the court. The court subsequently held that the applicant successfully demonstrated exceptional circumstances that warrant the grant of the application.