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CRUICKSHANK
V.
OKOE

(1967) JELR 67116 (HC)

High Court 27 Jan 1967 Ghana
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- The applicant obtained a judgment against a debtor and successfully applied for the debtor's arrest. - The magistrate ordered the debtor to deposit money in court or provide sureties. - The debtor appealed the judgment but it was dismisse

Case Details

Judges:AMISSAH J.A.
Counsel:APPLICANT IN PERSON; K.A. SEKYI SENIOR STATE ATTORNEY FOR THE RESPONDENT.

AMISSAH J.A.: The applicant, Mr. Cruickshank, obtained a judgment against one Romanadi for ¢252.60 together with ¢3.96 costs. He subsequently applied successfully for the arrest of the judgment debtor, presumably when he suspected that the judgment debtor intended fleeing the country without satisfying the judgment debt. As a result of the arrest, the magistrate made an order that the judgment debtor should deposit £G200 (¢480.00) in court or provide sureties in the sum of ¢240.00 each to be justified. It should be explained that at the time of the order an appeal by the judgment debtor against the judgment was pending and so further costs were expected to be incurred. This may explain why the deposit and surety asked for were higher than the judgment debt. The appeal was dismissed in December 1965. The judgment debtor has since given proof of his suspected intention by actually absconding. He did not deposit any money into court. He produced two people as his sureties. But now a decr…

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