ADJEIODA vs. C.F.A.O.

This application is brought under Order 42, r. 22 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), asking for leave to go into execution in respect of a judgment debt and costs awarded by this court on 11 June 1953. Order 42, r. 22 which is relevant to this application reads as follows: [His lordship here read the rule which is set out in the headnote and continued:] The applicant and the respondents were parties in suit No. 271/1952 entitled Messrs. C.F.A.O. v. A. K. Adjeioda. The applicant was a storekeeper keeping one of the stores of the respondents at Kadjebi, Buem. After stock taking, the respondents alleged that the applicant had incurred shortage to the tune of £1,156 17s. Consequently the respondents instituted the action referred to against the applicant for the recovery of this amount. The applicant denied liability and put in a counterclaim for £956 19s. 3d. being the refund of his security and other entitlements. When pleadings closed, the case was .....