ENNIN vs. PRAH

JUDGMENT OF ARCHER J. This is a motion on notice by the plaintiff, the judgment debtor, for an order setting aside the sale of his three cocoa farms under a writ of fieri facias. The facts are shortly as follows: On 22 December 1965, the defendant, the judgment creditor, issued a writ of fieri facias to recover the sum of £G539 6s. 6d. being the judgment debt and costs awarded against the plaintiff after an application for stay of execution had been refused by this court on 20 December 1965. The plaintiff applied to the then Supreme Court (now Court of Appeal) and on 14 February 1966, the appellate court made the following order as certified by that court’s registrar: “(1) £G300 to be paid on or before 31 March 1966. (2) The balance of £G239 6s. 6d. to be stayed pending the hearing and determination of the appeal. (3) No order as to costs.” A proper and true construction of the appellate court’s order is that the plaintiff should pay to the defendant the sum of £G3...