[1984]DLCA954 • April 4, 1984 • Court of Appeal
OPPAN vs. FRANS & CO. LTD.
The plaintiff obtained a judgment in the High Court, Sekondi, against the defendant for a sum of ¢130,500. The defendant appealed to the Court of Appeal and applied to the High Court for a stay of execution pending appeal. The High Court granted the stay on condition that the entire judgment debt and costs be paid into court within two months. The defendant found these terms onerous and applied to the Court of Appeal for a stay of execution, claiming hardship in complying with the High Court's conditions.
read moreJUDGMENT OF ADADE J.S.C. The only question calling for comment is whether this application is competent. The issue was raised by the court suo motu. On 6 May 1983 the plaintiff recovered judgment against the defendant in the High Court, Sekondi (Ansah-Twum J.) in the total sum of ¢130,500 (¢125,500 special damages and ¢5,000 general damages) with costs of ¢2,500. Dissatisfied with the judgment the defendant has appealed to the Court of Appeal. Pending the appeal the defendant applied to the High Court for a stay of execution. The application was ruled upon on 8 December 1983, as follows: “By Court: Upon the applicant’s application it is hereby ordered that execution shall be stayed on condition that the entire judgment debt and costs in this matter be paid into court within two months from today. If paid the plaintiffs respondents will be entitled to have paid to them the costs awarded. Justice of the High Court.” Claiming that the conditions imposed by th...