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AMANKWA V. ANANE

(1975) JELR 82562 (HC)

High Court  •  25 Feb 1975  •  Ghana

Coram
MENSA BOISON J.

Appearances
P. A. Bonner for the applicant. No appearance by or on behalf of respondent.

Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>MENSA BOISON J. </strong></p><p style="text-align: justify;">This is an application to admit the judgment debtor to &quot;bail&quot; pending a civil appeal at the High Court, Sunyani. The applicant as a judgment debtor appeared before the District Court Grade II, Kenyasi, on 28 January 1975, on a summons to show cause why he should not be committed for the non-payment of a judgment debt. The amount of the debt is not given in the applicant&#x27;s affidavit in support of the application, but the result of that day&#x27;s proceedings was that the applicant was committed to prison for two mouths by the district court. And against the commitment the applicant has given notice of appeal.</p><p style="text-align: justify;">In my view the application for &quot;bail&quot; can only be entertained if an appeal against the order of commitment lies to this court. The power of the district court to commit a judgment debtor to prison is provided by the Courts Ordinance, Cap. 4 (1951 Rev.), Sched. II, Order 46, r. 1 as follows:</p><blockquote><p style="text-align: justify;">“Notwithstanding anything in these rules, when an application is made for…</p></blockquote>

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