EBOE v. EBOE

After a judgment on 16 June 1961 in favor of the plaintiff declaring the defendant a trustee of a one‑half share, directing accounts, and ordering payment and transfer of shares and assets, the defendant filed a notice of appeal and sought a stay of execution pending that appeal. He argued the plaintiff was not resident in Ghana, had no assets there, that his assets in Lebanon were under attachment, and that taking accounts would be lengthy and costly. Justice Ollennu analyzed Order 42 of the Supreme (High) Court (Civil Procedure) Rules, 1954, distinguishing between executable orders and proceedings. The court held the declaration was not executable, and payment or transfer orders could not be enforced until specific sums and property were ascertained. Taking accounts was characterized as proceedings and not execution. Applying discretion and principles that a stay is granted only to prevent an appeal being rendered nugatory, the court dismissed the application with costs.