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May 28, 1980
HIGH COURT
GHANA
CORAM
JUDGMENT OF AMUA-SEKYI J.
On 19 November 1979, four applications for judgment under Order 14 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), came before me in the following suits: No. 847/79, Ghana Commercial Bank v. Camb Trading Co. Ltd.; No. 848/79; Ghana Commercial Bank v. Camb Knitting and Garment Factory Ltd.; No. 849/79; Ghana Commercial Bank v. Camb Knitting and [p.491] Garment Factory Ltd. No. 732/79 and Ghana Commercial Bank v. Camb Motors Ltd. The applications not being opposed by the defendant-respondents (hereafter to be referred to as the respondents), who were all represented by the same counsel, I entered judgment in favour of the plaintiff-applicants (hereafter to be referred to as the applicants) as follows:
"in No. 847/79 for ¢541,689.66 with ¢6,000 costs, in No. 848/79 for ¢81,898.62 with ¢3,000 costs, in No. 849/79 for ¢686.200.18 with ¢7,000 costs, and in No. 732/79, for ¢188,089.51 with ¢4,000 costs."
Following this, the respondents applied for a stay of execution and an order for the payment of the judgment debt and costs by instalments. The applications were strongly resisted by the applicants whose counsel went so far as to suggest that the High Court had no power to order payment of a judgment debt by instalments. He probably had in mind the decisions in Standard Bank of West Africa Ltd. v. Boaitey [1971] 2 G.L.R. 308 and Amo-Mensah v. Owusu [1972] 1 G.L.R. 251 delivered by Taylor J. (as he then was), but did not press the matter to the point of a ruling. If he had, I would, in view of the clear provisions of Order 42, r. 16 (1) (b) of L.N. 140A, have felt obliged to disagree with those decisions and overrule the objection. Order 42, r. 16 (1) (b) states:
"(b) The Court or a Judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall think fit.
An order that a judgment debt be paid by monthly instalments is an order staying execution conditionally. The orders I made on 4 February 1980 on the applications were that the respondents, being sister companies, should make an immediate payment of ¢200,000 and then pay the balance by monthly instalments of ¢50.000; and that if they made default in paying any of the sums ordered, the applicants were to be at liberty to go into execution for the unpaid balance.
It is conceded by the applicants that the orders of the courts have been scrupulously observed by the respondents. It appears, however, that the r
AI Generated Summary
In this High Court judgment by Amua-Sekyi J., Ghana Commercial Bank obtained unopposed summary judgments under Order 14 against four related Camb companies—Camb Trading Co. Ltd., Camb Knitting and Garment Factory Ltd., and Camb Motors Ltd.—with specific sums and costs awarded. The court later ordered a conditional stay of execution and payment by instalments, requiring an immediate ¢200,000 and ¢50,000 monthly thereafter. The respondents complied but sought to review the instalment/stay orders. After extending time to apply for review under Order 64, r. 6, the bank moved to review that extension, arguing the court lacked power to enlarge Order 39, r. 8(3) time limits. Analyzing Ghana’s rules alongside English authorities, Amua-Sekyi J. held the High Court retains power to enlarge time unless a rule expressly limits it, upheld the extension orders, and refused the bank’s applications. The judgment also clarifies that instalment orders are conditional stays under Order 42, r. 16(1)(b).