JUDGMENT
ADINYIRA (MRS.) JSC
The facts resulting in the present appeal are that the Defendant/respondent/appellant, (hereinafter Defendant) a legal practitioner, sued the Plaintiff/appellant/respondent, (hereinafter Plaintiff) in an earlier suit No. C48/2003 at the Koforidua High Court for his legal fees. He obtained judgment on 27th July 2005 in the sum of GH¢ 15,267.892.
The Defendant had a writ of Fifa issued on 10th December 2005 and the Deputy Sheriff, High Court, Koforidua seized the Plaintiff’s Toyota saloon car no. GW 757-T, on 8th December 2005, and handed it over to an auctioneer. On 10th December 2005, i.e two days after his vehicle had been seized in execution of the judgment debt, the Plaintiff filed a notice of appeal. On 3rd February 2006, the Plaintiff applied for stay of execution at the High Court which was granted on terms on 17th March 2006 by Bentil J. The Plaintiff was ordered to deposit GH¢10,000 in the court registry and then collect his vehicle. He failed to meet…