BAIDEN v. ANSAH

Baidoo J addressed an application by the judgment debtor to suspend execution after a High Court judgment by Coussey J had awarded substantial damages and later authorized immediate execution. Although a notice of appeal had been filed, the judgment creditor obtained an order to execute forthwith, and the debtor’s four houses were attached under fi. fa. In response to preliminary objections, Baidoo J emphasized that while review lies only to the judge who made the order, the present application was not a review but an interim measure within the High Court’s inherent jurisdiction during the transitional period before the appeal is entered in the Court of Appeal. He noted risk of irreparable prejudice: the judgment creditor’s apparent impecuniosity affecting refund prospects, an apparent per incuriam damages assessment, and serious irregularities in service and sealing of process. Concluding that justice required protection pending appeal, he granted a stay of execution.