[2015]DLCA4748 • July 2, 2015 • Court of Appeal
FRANCIS M. TWUM. vs. NANA NTIRI TWUM BARIMA II
MARIAMA OWUSU, J.A.: On 3-2-2014 the High Court, Accra, in an application for Stay of Execution and an order to pay judgment debt by installments ruled among other things as follows: “After the defendants’ motion for payment by installment was dismissed on 11th February, 2013, he made some payments to the plaintiff which has reduced the debt to Gh¢46,288.00. So the defendant has shown good faith in taking steps to settle the judgment debt. Accordingly, I would grant the application save that I would increase the monthly installment payment to GH¢3,500.00 The application is thus granted as varied.” Dissatisfied with the decision of the High Court, the plaintiff/appellant (hereinafter referred to as plaintiff) appealed to the Court of Appeal on the following grounds: a. That the honourable trial court misdirected itself and fell into an error when it held that the defendant/respondent (hereinafter referred to as the defendant) has shown good faith in taking steps to settle...