FIRST NATIONAL SAVINGS & LOANS COMPANY LIMITED VS PRUDENT EXPORT LIMITED
2018
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Corporate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a motion seeking a stay of execution pending appeal after a judgment was entered in favor of the Plaintiff. The Defendant contended that the Plaintiff's execution was illegal due to improper service of the Entry of Judgment. The court held that the service was not properly made according to the law and thus, the execution undertaken was illegal. The court granted the application to set aside the execution and highlighted the need for proper service in executing court judgments.
MOTION ON NOTICE FOR STAY OF EXECUTION PENDING APPEAL
I. Introduction: [1] This Court’s judgment of August 18, 2017 is the subject matter of this application.
The Defendant/Judgment Debtor/Applicant is first praying the court to set aside the execution of the judgment undertaken by the Plaintiff/Judgement Creditor/Respondent on the grounds that no entry of judgment was served before the Applicant’s properties were attached and also to stay execution of the judgment pending the determination of the appeal against the judgment at the Court of Appeal.
The application has been brought on the grounds inter alia that the execution undertaken by the Plaintiff/Respondent was contrary to the Rules of Court and also that the Defendant is dissatisfied with the judgment of this Court and has filed a Notice of Appeal and the appeal raising substantial issues of law with a very bright chance of success. [2] It recalls that on the 28th October, 2011 the Plaintiff/Respondent (hereafter referred to as the Plaintiff) issued a writ of summons against the Defendant/Applicant, (hereafter referred to as the Defendant) for stated reliefs endorsed on the writ of summons.
The Defendant entered appearance and filed a Statement of Defence.
This Court after trial, entered judgment in favour of the Plaintiff on August 18, 2017. ii.
The Case of the Parties: [3] The grounds upon which the instant application is premised are catalogued in the 12 paragraph supporting affidavit sworn on July 11, 2018 by Mr. Ofori Ampofo Acquaye , the Human Resource Manager of the Defendant Company, and a later 10 paragraph supplementary affidavit also sworn on October 17, 2018 by the said Mr Acquaye, to support the application.
The thrust of the Defendant’s case is that after the judgment was delivered they filed an appeal at the Court of Appeal but did not file an application for stay of execution because it was waiting on the Plaintiff to serve it with an entry of judgment “for it to appraise itself with the total amount to be settled and to find out whether or not the total judgment debt has been properly and correctly computed”. A copy of the judgment and the Notice of Appeal filed are attached as Exhibits “A” and “B” to the instant application. [4] According to the Applicant whilst waiting to be served with the Entry of Judgment which never came, the Plaintiff has caused its machinery and heavy duty trucks to be attached and carried away to be auctioned later.
According to the Applican