DR. WILLIAM BAETA (PLAINTIFF/RESPONDENT) vs. AFREDEC LIMITED & ANOTHER (DEFENDANT/APPELLANT)

ESSILFIE-BONDZIE, J.A. This is an application for stay of the execution of the Ruling of the High Court delivered on the 15th November, 1999 in which the interpleader summons was dismissed summarily. In considering application of this nature the court should bear in mind the balance of hardship. There is also the equally important principle that the applicant must demonstrate to the court that the appeal has a chance of success. In this case, there is no dispute that on the 21st June, 1994 the plaintiff/judgment creditor obtained judgment against the defendant/judgment debtor herein for the sum of ¢10,720,031.33. That on the 29th May, 1995 a consent judgment was also entered against the defendant/judgment debtor in the sum of $12,328.77 and £6,600 respectively with costs of ¢2,500,000.00. On the 9th May, 1997 the Registrar attached House Number J.856/5 Mile 11, Nungua, Accra belonging to Mrs. Clocanus Mensah, Managing Director of the defendant/judgment debtor’s company...