KAMARA V. TRAORE

JUDGEMENT

ANNAN J.

This application is for an order staying execution of the judgment debt and costs ordered by the District Court Grade I, Kumasi, in the above-mentioned suit pending the hearing and determination of the appeal of the applicant to this court.

The facts, not in dispute, show that the applicant, the defendant in the suit, submitted to judgment on the plaintiff-respondent's claim. The suit was for a debt of N¢1,000.00 and was on the undefended list. The plaintiff's writ of summons states that he had given the defendant financial assistance to enable him take delivery of his vehicle after repairs. The defendant had promised to repay the loan within a week. In the trial court, the defendant filed a notice of his intention to defend with an affidavit admitting the plaintiff's claim. He, however, put in a counterclaim for N¢2,000.00 damages in his affidavit and then asked for a stay of execution of any judgment that may be awarded against him pending the hearing and determinat…