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ASIEDU
V.
TIMBER AND TRANSPORT CO., LTD.

(1977) JELR 86776 (HC)

High Court 13 Dec 1977 Ghana
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Case Details

Judges:OSEI-HWERE J.
Counsel:E. Y. Kumih for the plaintiff. S. K. Akoto for the defendants.
Location:Sunyani
Other Citations:[1978] GLR 351-354

JUDGMENT

OSEI-HWERE J.

Following a judgment obtained against the defendants wherein the defendants jointly and severally became indebted to the plaintiff in the sum of ¢13,416.00, the plaintiff went into execution against the defendants by attaching the first defendant company’s vehicle. The first defendants immediately issued a cheque for that sum to the deputy sheriff to cover the whole judgment debt and the vehicle was released from attachment. The defendants subsequently brought this motion for stay of execution; and what they are asking is that the money they have paid should be lodged in court pending the result of their appeal. Counsel for the plaintiff has taken the preliminary point (at the hearing of the motion) that since the defendants have already satisfied their judgment debt there can be no application for stay of execution. In other words, he maintains that as the execution is complete there can be no stay. Counsel for the defendants holds the contrary view that the exe…

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