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O.K. BAZZAR V. DE GRAFT HANSON AND ANOTHER

(1979) JELR 66890 (HC)

High Court  •  20 Feb 1979  •  Ghana

Coram
MENSA BOISON J.

Judgement

MENSA-BOISON J.: The defendant judgment-debtor by counsel moves the court for stay of execution of a judgment debt of ¢20,610 and for a payer to pay by proposed monthly instalments after the issue of a writ of fieri-facias by the judgment-creditor. Although it is conceded that there is power for the court to stay execution by virtue of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), Order 42, r. 16 (1) (b), it is contended that the rule does not enable the High Court to grant the applicant the further relief of an order for payment of the judgment debt by instalments. Order 42, r. 16 (1) (b) provides, “The Court or a Judge may, at or after the time of giving judgment or making an order, stay execution until such times as they or he shall think fit.” Mr. Lokko arguing for the contention relies on Amo-Mensah v. Owusu [1972] 1 G.L.R. 250 where Taylor J. sitting at the Kumasi High Court declined jurisdiction to make an order for payment by instalment upon a stay of execution, on…

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