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LABONE WEAVERS ENTERPRISES LTD. V. BANK OF GHANA

(1977) JELR 64865 (HC)

High Court  •  18 Mar 1977  •  Ghana

Coram
EDUSEI J.

Judgement

EDUSEI J.

The defendants, judgment debtors herein, have applied to this court for a stay of execution and payment of the judgment debt by instalments. Counsel for the plaintiffs, judgment creditors, Dr. Date-Bah, has raised an objection to the propriety of the application on two grounds, namely:

(a) that this court has no jurisdiction to entertain the application but rather it is the Court of Appeal that has jurisdiction since it was the latter court that dismissed the appeal lodged by the defendants, judgment debtors, and

(b) that Aboagye J. in a ruling ordered the registrar of the High Court not to accept any papers for filing from the judgment debtors herein, and therefore the present application filed by them is in breach of the court’s order, and it cannot therefore be entertained by this court.

I will deal with the order of Aboagye J. first. The question to ask is this—was Aboagye J. justified in law in making the order he made, an order that precluded any person, natural or legal…

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