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GBADEGBE JSC: I have had the advantage of reading before-hand the opinion of my noble brother, Atuguba JSC in the matter herein and although his opinion is deserving of great respect, I am unable for reasons that follow shortly to agree with him that the application herein be granted.
We have before us at the instance of the applicant herein, a motion on notice for stay of execution of a foreign judgment in respect of which the High Court, Accra had on the 16 October 2006 granted an order for its registration under Order 71 rule 2 of the High Court ( Civil Procedure ) Rules, 2004, CI 47. Following the registration of the judgment and after unsuccessfully seeking to have the order that authorized the registration set aside, the applicant applied to the High Court for an order of stay of execution. In the body of the motion paper, the applicant sought from the High Court, Accra “an order for stay of execution of the order granting leave to register the foreign judgment”. The application was determined against it on 13 October 2010. In the ruling of the High Court that is exhibited to the processes herein as GC 6, the learned judge of the High Court directed that the judgment debt be paid into court within thirty days from the date of the order. The applicant repeated its application for stay of execution to the Court of Appeal, which application was dismissed on 7 December 2010.It repays to say that in the application to the Court of Appeal, the applicant sought the same relief as that which was demanded from the High Court previously. In their ruling refusing the application, the learned justices of the Court of Appeal ordered the applicant to pay 50% of the judgment debt into court within sixty days from the making of the order.
The applicant appealed from the ruling of the Court of Appeal to this court.I observe that contrary to the requirements of section 82 (7) of the Courts Act, 1993 (Act 459), and Order 71 rule 2, of CI 47 the judgment debt was from the processes filed expressed in the pound sterling instead of its cedi equivalent at the date of the judgment. I think this was a serious lapse on the part of the High Court in the order of 16 October 2006 granting leave to have the foreign judgment registered, an error that was unfortunately repeated by the two lower courts in their subsequent determination of the applications for stay of execution in the matter. Regrettably, both courts below appear not to have adverted their minds to the requirements