GHANA RAILWAY ADMINISTRATION V. ANSAH

EDUSEI J.

This is an application for a stay of execution by the defendants as judgment debtors. The application is brought under Order 42, r. 16 (1) (b) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), and it is supported by an affidavit; and it does seem to me that the most important averments prayed in aid of the motion are contained in paragraphs (9), (10) and (11) of the supporting affidavit. Before I proceed to consider these averments I think it is necessary to give a short history of this case. On 10 July 1972, judgment was given against the defendants by this court for the sum of ¢27,740.00 with costs of ¢600.00. The defendants appealed, and on 28 May 1973, the appeal was dismissed for non-appearance of the defendants. The plaintiff, as judgment creditor, by his solicitor applied on 21 June 1973, to the Attorney-General for his fiat to enable him to go into execution as provided in section 6A (1) of the Statutory Corporations Act, 1964 (Act 232), as inser…