JUDGMENT OF TAYLOR J.
This is a motion by the defendant judgment debtor praying for an order of this court to be permitted to pay a judgment debt and costs amounting to the rather very huge sum of N¢41,316.54 by an initial deposit of N¢500.00 and monthly instalments of N¢50.00. The motion was supported by an affidavit and the substantial portion is as follows:
"Since the judgment was obtained against me by the plaintiff judgment creditor I have made it clear to him that I am unable to satisfy the debt in whole. With the assistance of friends, I made certain proposals for the repayment of the judgment debt and costs by a substantial deposit and instalments. The judgment creditor rejected the offer and accordingly the friends who were willing to assist me withdrew their assistance. Presently, I am not in a good way of business and I cannot therefore pay the whole of the judgment debt and costs.
I propose, however, that I shall be permitted to pay a deposit of N¢500.00 and a monthly instalment of N¢50.00. I expect that when my business improves I shall be able to pay more money in order to enable me to pay off the whole of the judgment debt and costs."
The plaintiff judgment creditor, has resisted the motion by affidavit the relevant portion of which reads:
"That I verily believe that the defendant judgment debtor applicant has the means to satisfy the judgment debt but has deliberately refused to pay same since the date of judgment.
That the defendant judgment debtor applicant is a man of sufficient substance with many dependable and regular sources of income over and above the judgment debt.
That no genuine and serious proposals regarding the payment of the debt have ever been made other than derisory ones as contained in his affidavit paragraph (8) in support of his application.
That sources of income of the defendant judgment debtor referred to and known to me in paragraph (3) of this affidavit are as follows:
(a) He is the chairman of the State Construction Corporation, Ghana, receiving a lucrative salary including table allowances.
(b) Managing Director of Amoo-Mensah Brothers with a big salary and holds 55 per cent of the shares of the company having two trading stores and wholesales in Kumasi.
(c) Registered building and road contractor.
[p.253]
(d) Arms and ammunition dealer.
(e) Importer in Group 'B' handling large consignments with offices in Accra and making large margin of profit as evidenced in Commercial and Industrial Bulletin
