GATES OF GLORY MICRO CREDIT SERVICES v. PAINTSIL ADJEI

This is a Ruling on an Application for an order to remove some items seized in

execution, for stay of execution and leave for payment by instalment.

I have read the Application, the supporting Affidavit and further Affidavit in support

of the Application. I have also read the Affidavit in Opposition. I have also given

consideration to the Written Submissions filed by Counsels for and against the grant or

otherwise of the Application.

I have noted that the Judgment Debtor was served with Judgment in default of Defence

and Entry of Judgment. However, he did not take any steps to dispute the Judgment. I

have also noted that the Judgment Debtor is disputing the Judgment Debt. Meanwhile,

he is asking this Court to make an order for him to pay the Judgment Debt by

instalment. I have further noted that he has not stated the amount he owes. However,

he is praying this Court to stay execution. The question is, what is the Court staying? I

have also noted that the prayer by the Judgment Debtor to remove some items seized

in execution is clearly alien to the rules and practice of this Court.

I am therefore of the considered view that this application is misconceived and same

ought to be dismissed and is dismissed accordingly. Cost of GH¢2,000.00 is awarded in

favour of the Execution/Creditor against the Execution/Debtor.

(SGD)

JUSTICE RICHARD APIETU

(HIGH COURT JUDGE)