TONY ADAMS
V.
ANANG SOWAH

(2009) JELR 68473 (SC)

Supreme Court 14 Jan 2009 Ghana
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- The defendant-appellant-applicant is seeking a stay of execution of an order for delivery of possession of a property in Accra. - The applicant claims that the order for delivery of possession was obtained through a judicial sale of the p

Case Details

Suit Number:CIVIL MOTION NO. J8/2/2009
Judges:ATUGUBA J.S.C (PRESIDING), ANSAH J.S.C., OWUSU (MS) J.S.C., ANIN YEBOAH J.S.C., BAFFOE-BONNIE J.S.C.
Counsel:OSAFO BUABENG FOR THE APPLICANT; WISDOM ANTHONIO FOR THE RESPONDENT.

ATUGUBA, J.S.C.

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."

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.

The salient parts of the supporting affidavit are as follows:

"(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.

(3) That pursuant to a judgment in default of appearance, the said…

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