STANDARD BANK OF WEST AFRICA LTD. vs. BOAITEY

This is a motion on notice by the plaintiff-respondent-applicants hereinafter referred to simply as applicants praying for an order of this court that an appeal filed by the defendant-appellant-respondent referred to herein as respondent, should not be made to operate as a stay of execution. In order to understand the reason for the application and to be in a position to decide whether it is desirable to grant or refuse it, it is in my view necessary to advert to the facts and history of the case as well as the nature of the decision against which the appeal is lodged. On 16 September 1970 the applicants sued the respondent claiming a sum of money and interest representing overdraft facilities which the applicants granted to the respondent for one month and which sum of money payable at the end of November 1969, the respondent had neglected to pay. On 10 November 1970 judgment by consent was given in this court in favour of the applicants for the sum claimed, namely, N¢8,878.45 with i....