JOSEPH V. JEBEILE AND ANOTHER

AKUFO-ADDO J.S.C. (Delivered the judgment of the court)

This was an application by the judgment-debtors under rules 27 and 28 of the Supreme Court Rules, 1962 (L.I. 218), for an order for the stay of execution of the judgment of Djabanor J. sitting in the High Court, Kumasi, who had previously refused an application for stay by the applicants (the judgment-debtors).

On the 8th April, 1963, we heard the application and granted stay of execution on the condition that money paid into the High Court, Kumasi, to cover the judgment-debt should remain in custodia legis pending the outcome of the appeal from the judgment aforesaid which the applicants had lodged to this court. We stated when granting stay of execution that we would give our reasons for that ruling later, and we proceed to do so now.

This was a case in which the respondent (the judgment-creditor) brought an action against the applicants, tenants of premises at Kumasi owned by the respondent, for arrears of rent covering the peri…