[1970]DLHC2068 • July 31, 1970 • High Court
ADDO vs. KUMI
The plaintiff sued the defendant in the District Court Grade I, Koforidua, obtaining a judgment for ejectment on 16 April 1970, ordering the defendant to vacate premises by 30 April 1970. The defendant appealed on 17 April 1970. Despite the pending appeal, the plaintiff applied for and obtained a writ of possession executed on 1 May 1970, resulting in the defendant's ejection. The defendant contended that the appeal automatically stayed execution under L.I. 619, and that the writ should not have been issued without court leave, alleging contempt by the plaintiff and deputy sheriff.
read moreThis is an application for an order attaching the plaintiff-respondent and the deputy sheriff, District Court Grade I, Koforidua, for contempt. The short statement of the facts in support of the application is that the plaintiff-respondent (whom I will refer to simply as the plaintiff for the purposes of this judgment) sued the defendant-appellant, the applicant in these proceedings, (whom I will refer to as the defendant in this judgment) in the District Court Grade I, Koforidua, and obtained judgment for ejectment against the defendant on 16 April 1970. The judgment ordered the defendant to vacate the premises by 30 April 1970. The defendant on the following day, 17 April 1970, lodged an appeal against the ejectment order while the appeal was pending, the plaintiff wrote applying for and obtained a writ of possession from the said district court which was executed on 1 May 1970 and the plaintiff was put into possession of the premises from which the defendant was ejected pursuant to...