[2009]DLSC4570 • January 14, 2009 • Supreme Court •
TONY ADAMS VS. ANANG SOWAH
The applicant (execution debtor) was subject to a writ issued by a lawyer claiming £35,000 for professional fees and financing assistance. A judgment in default of appearance led to a judicial sale of the applicant's house at East Legon, Accra. The respondent acquired the property at auction and obtained an order for delivery of vacant possession. The applicant appealed the order to the Court of Appeal, which dismissed the appeal with costs. The applicant then appealed to the Supreme Court and sought a stay of execution of the order for delivery of possession pending appeal.
read moreATUGUBA, J.S.C: The Defendant-appellant-applicant (hereinafter called the execution debtor) applies to this court "for the stay of execution of the order for delivery of possession of H/No 6C 153/29, East Legon, Mpeasem, Accra and or suspension of the enforcement of the said order for delivery of possession." It will be seen from the formulation of this application that the alternative form of the order, it is a mere variation of language; it is aimed at the same relief, namely, stay of execution of the order for delivery of possession of the house in question. The salient parts of the supporting affidavit are as follows: "(2) That some time in 1997, one Amarkai Amarteifio, a lawyer by profession of Ayawaso Chambers, Osu, Accra, issued a writ against the applicant claiming an amount of £35,000 as professional fees and financing assistance rendered to the applicant who has been outside the jurisdiction at all material times. (3) That pursuant to a judgment in default of appear....