Customer Support

ENNIN
V.
PRAH

(1967) JELR 64619 (HC)

High Court 12 Apr 1967 Ghana
BriefBot icon

BriefBot Summary

Free

- The plaintiff, who is the judgment debtor, filed a motion to set aside the sale of his three cocoa farms under a writ of fieri facias. - The defendant, the judgment creditor, issued the writ to recover a debt of £G539 6s. 6d. - The appell

Case Details

Judges:ARCHER J.
Counsel:E. M. A. ABLORH FOR THE APPLICANT; I. K. ABBAN FOR THE RESPONDENT.
Other Citations:[1967] GLR 202

ARCHER J.

This is a motion on notice by the plaintiff, the judgment debtor, for an order setting aside the sale of his three cocoa farms under a writ of fieri facias. The facts are shortly as follows: On 22 December 1965, the defendant, the judgment creditor, issued a writ of fieri facias to recover the sum of £G539 6s. 6d. being the judgment debt and costs awarded against the plaintiff after an application for stay of execution had been refused by this court on 20 December 1965. The plaintiff applied to the then Supreme Court (now Court of Appeal) and on 14 February 1966, the appellate court made the following order as certified by that court’s registrar:

“(1) £G300 to be paid on or before 31 March 1966.

(2) The balance of £G239 6s. 6d. to be stayed pending the hearing and determination of the appeal.

(3) No order as to costs.”

A proper and true construction of the appellate court’s order is that the plaintiff should pay to the defendant the sum of £G300 on or before 31 March 1966, afte…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.