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IN exercise of the powers
conferred on the Rules of Court
Committee by section 75 of the
Courts Act, 1971 (Act 372) these
Rules are made this 4th day of
February, 1975.
Rule 1—Title to L.N. 140A of 1954
Replaced.
For the title to the Supreme Court
(Civil Procedure) Rules, 1954 (L.N.
140A) there is hereby substituted
the following new title:—
"High Court (Civil Procedure)
Rules, 1954".
Rule 2—Rule 7 of Order 58 of L.N.
140A Replaced.
The High Court (Civil Procedure)
Rules, 1954 are hereby amended by
the substitution for rule 7 of
Order 58 thereof of the following
new rule:-
"7. Effect of Appeal.
(1) An appeal shall not operate as
a stay of execution of proceedings
under the judgment or decision
appealed from except where the
Court below or the Court otherwise
orders—
(a) in the case of the Court
below, upon application made
orally or by motion on notice to
it, and
(b) in the case of the Court, upon
application made to it by motion
on notice, and except as
aforesaid no intermediate act or
proceeding shall be invalidated.
(2) During any period while any
application is pending for
determination under sub-rule (1)
of this rule any proceedings for
execution of the judgment or
decision to which the application
relates shall be stayed.
(3) There shall, in any case, be a
stay of execution of proceedings
for execution of the judgment or
decision appealed from—
(a) for a period of seven days
immediately following the giving
of such judgment or decision; and
(b) for a period of seven days
immediately following the
determination by the Court below
of any application under sub-rule
(1) (a) of this rule where the
application was refused by the
Court below."
Rule 3—Revocation.
The High Court (Civil Procedure)
(Amendment) Rule, 1969 (L.I. 619)
is hereby revoked.
S.AZU CRABBE
Chairman
F. K. APALOO
Member
E.N. MOORE
Member
G. KORANTENG-ADDOW
Member
AZZU MATE KOLE
Member
JAMES MERCER
Member
SIMON K. K. SOTOMEY
Member
JOE REINDORF
Member
ESI COBBINA
Member
JOHN QUASHIE-IDUN
Member
S. S. OKUNOR
Secretary
Date of Gazette Notification: 7th
February, 1975.
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