TONY ADAMS V. ANANG SOWAH
(2009) JELR 68473 (SC)
Supreme Court
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CIVIL MOTION NO. J8/2/2009
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14 Jan 2009
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Ghana
Coram
ATUGUBA J.S.C (PRESIDING), ANSAH J.S.C., OWUSU (MS) J.S.C., ANIN YEBOAH J.S.C., BAFFOE-BONNIE J.S.C.
Appearances
OSAFO BUABENG FOR THE APPLICANT; WISDOM ANTHONIO FOR THE RESPONDENT.
Judgement
<p><strong>ATUGUBA, J.S.C.</strong></p><p>The Defendant-appellant-applicant (hereinafter called the execution debtor) applies to this court "for the stay of execution of the order for delivery of possession of H/No 6C 153/29, East Legon, Mpeasem, Accra and or suspension of the enforcement of the said order for delivery of possession."</p><p>It will be seen from the formulation of this application that the alternative form of the order, it is a mere variation of language; it is aimed at the same relief, namely, stay of execution of the order for delivery of possession of the house in question.</p><p>The salient parts of the supporting affidavit are as follows:</p><p><em>"(2) That some time in 1997, one Amarkai Amarteifio, a lawyer by profession of Ayawaso Chambers, Osu, Accra, issued a writ against the applicant claiming an amount of £35,000 as professional fees and financing assistance rendered to the applicant who has been outside the jurisdiction at all material times.</em></p><p><em>(3) That pursuant to a judgment in default of appearance, the said…</em></p>