This is an application by the defendant for a stay of execution pending appeal in the High Court from the judgment of the Rent Magistrate, Accra New Town.
On 4 December 1975, the rent magistrate sitting at Accra New Town gave judgment for the plaintiff for the sum of ¢10,250.00 against the defendant and also made an order of ejectment against him. According to the affidavit of the defendant an appeal has been lodged against the judgment. In the application of the defendant a copy of the judgment has not been exhibited and it is almost impossible for this court to say whether the rent magistrate’s decision can be shown to be wrong and that the appeal is likely to succeed.
It is, however, agreed on both sides that the case originated in proceedings before the rent officer who took evidence and then sent the proceedings with his recommendations to the rent magistrate. There is no doubt that the rent magistrate can only determine the matter after considering the proceedings before …