[2023]DLHC18248 • May 15, 2023 • High Court
FORMS CAPITAL LTD vs. WEBB BUILDERS LTD & 2 ORS
RULING This ruling is in respect of a Motion on Notice for an order for Stay of Execution filed by the Defendant/Judgment/Debtor/Applicant with a supporting 9-paged Affidavit dated 2nd March, 2023. The mainstay of the application is that after Entry of Judgment was entered by the Plaintiff/Judgment/Creditor/Respondent in execution of the judgment obtained, several matters have occurred notably negotiations for rescheduling payment of the judgment debt and the payment of One Hundred Thousand Ghana Cedis (GHC 100,000.00) being a part of the judgment debt. The Applicant is therefore praying for an Order for Stay of Execution of the said Judgment delivered on 25th October, 2019. On the other-hand, the Plaintiff/Judgment Creditor/Respondent is opposed to the instant application. In a 27-paragraphed Affidavit in Opposition dated 13th March, 2023 the Respondent averred that negotiations for rescheduling of the Judgment debt does not fall within the ambit of matters contemplated under Or...