BENG V. NYARKO AND OTHERS

BOISON J.

This is a motion at the instance of the plaintiff-judgment creditor praying for leave to levy execution inspite of a notice of appeal filed by the defendant-judgment debtor. The application is purported to be by virtue of rule 27 of the Court of Appeal Rules, 1962 (L.I. 218), as amended by the Court of Appeal (Amendment) Rules, 1969 (L.I. 618), r.2 made on 18 April 1969. Shorn of the inconsequential parts, rule 27 provides:

“An appeal shall operate as a stay of execution or of proceedings under the judgment or decision appealed from except so far as the Court below or the Court may otherwise order.”

This made it necessary for the successful party to seek an order to go into execution where the losing party had given notice of appeal.

The present position of the law, however, is that rule 27 has been further amended by the Court of Appeal (Amendment) Rules, 1975 (L.I. 1002), r. 2 which now provides that:

“An appeal shall not operate as a stay of execution of proceedings under the …