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(1971) JELR 66282 (HC)

High Court  •  5 Feb 1971  •  Ghana




This application is brought under Order 42, r. 22 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), asking for leave to go into execution in respect of a judgment debt and costs awarded by this court on 11 June 1953. Order 42, r. 22 which is relevant to this application reads as follows:

“22. In the following cases, viz:

(a) Where six years have elapsed since the judgment or date of the order, or any change has taken place by death or otherwise in the parties entitled or liable to go into execution; ... the party alleging himself to be entitled to execution may apply to the Court or a Judge for leave to issue execution accordingly. And such Court or Judge may, if satisfied that the party so applying is entitled to issue execution, make an order to that effect, or may order that any issue or question necessary to determine the rights of the parties shall be tried in any of the ways in which any question in an action may be tried. And in either case such Cour…

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