BAIDEN vs. ANSAH

On 14 June 1972, this court presided over by Coussey J, gave judgment in favour of the plaintiff (hereafter called the judgment creditor). Aggrieved by the said judgment the defendant (hereafter called the judgment debtor) filed notice of appeal on 16 June 1972. By virtue of the Supreme Court Rules, 1962 (L.I. 218), r. 27 as amended by the Court of Appeal Rules, 1969 (L.I. 618), the appeal operated as a stay of execution and would have preserved the status quo ante pending the determination of the appeal by the Court of Appeal. Anxious however to enjoy the fruits of his victory, the judgment creditor filed a motion in this court on 17 July 1972 praying for leave to go into execution. The said motion was heard on 31 July 1972 by Coussey J. who made an order that the judgment creditor should go into execution forthwith. In the absence of a certified true copy of the said order, I have accepted the word of counsel that the order made on 31 July 1972 by Coussey J. gave the judgment cred...