[2019]DLHC10418May 16, 2019High Court

K. OGUNS LIMITED LTD vs. GLO MOBILE GHANA LTD & ANO.

This is a ruling pursuant to Order 41 r 8 of C.I 47. The applicant seeks the Court’s favourable exercise of its discretion for an order staying the execution of the judgment this Court dated the 9th of April 2019 and for an order to pay the judgment debt by instalment. C.I 47 entitles a victorious Judgment creditor to enforce judgment for the payment of money in accordance with the rules. The rules equally allow the Court to exercise its discretion to order payment by instalment and to stay the execution of judgment. Order 41 rule 8 of C.I 47 provides that Where any judgment or order directs the payment of money, the Court may, for any sufficient reason, order that the amount shall be paid by instalments, with or without interest; and the order may be made at the time of giving the judgment, or at any time afterwards by the same or any other Judge and may be rescinded upon specific cause shown at any time. The order for payment by instalment pursuant to Order 41 r 8 of C.I 47 effec.....