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AMANKWA
V.
ANANE

(1975) JELR 82562 (HC)

High Court 25 Feb 1975 Ghana
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Case Details

Judges:MENSA BOISON J.
Counsel:P. A. Bonner for the applicant. No appearance by or on behalf of respondent.
Location:Sunyani
Other Citations:[1975] 1 GLR 356-358

JUDGEMENT

MENSA BOISON J.

This is an application to admit the judgment debtor to "bail" pending a civil appeal at the High Court, Sunyani. The applicant as a judgment debtor appeared before the District Court Grade II, Kenyasi, on 28 January 1975, on a summons to show cause why he should not be committed for the non-payment of a judgment debt. The amount of the debt is not given in the applicant's affidavit in support of the application, but the result of that day's proceedings was that the applicant was committed to prison for two mouths by the district court. And against the commitment the applicant has given notice of appeal.

In my view the application for "bail" can only be entertained if an appeal against the order of commitment lies to this court. The power of the district court to commit a judgment debtor to prison is provided by the Courts Ordinance, Cap. 4 (1951 Rev.), Sched. II, Order 46, r. 1 as follows:

“Notwithstanding anything in these rules, when an application is made for…

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