JOSEPH v. JEBEILE AND ANOTHER

JUDGMENT OF AKUFO-ADDO J.S.C.

Akufo-Addo J.S.C. delivered the judgment of the court. This was an application by the judgment-debtors under rules 27 and 28 of the Supreme Court Rules, 1962,1 for an order for the stay of execution of the judgment of Djabanor J. sitting in the High Court, Kumasi, who had previously refused an application for stay by the applicants (the judgment-debtors).

On the 8th April, 1963, we heard the application and granted stay of execution on the condition that money paid into the High Court, Kumasi, to cover the judgment-debt should remain in custodia legis pending the outcome of the appeal from the judgment aforesaid which the applicants had lodged to this court. We stated when granting stay of execution that we would give our reasons for that ruling later, and we proceed to do so now.

This was a case in which the respondent (the judgment-creditor) brought an action against the applicants, tenants of premises at Kumasi owned by the respondent, for arrears of rent covering the period the 30th September, 1960, to the 31st January, 1962, and then to the date of judgment and for an order for possession of the premises. The applicants disputed the claim for arrears of rent on the ground that at the date of the issue of the writ no arrears of rent were due to the respondent for which he could bring an action. The applicants' case was that they had an account with the respondent covering rents and a loan of £G4,500 made to them by the respondent, that in January 1962 the applicants gave to the respondent a cheque for £G3,540 which was the overall balance due in respect of both the rents and the loan. This cheque was however dishonoured on presentation and the respondent brought an action to recover the said sum of £G3,540 for which he (the respondent) obtained judgment in April 1962. It was not disputed that this amount was being liquidated by monthly instalments of £G200 each.

The learned judge of the court below gave judgment for the respondent for arrears of rent covering the periods the 30th September, 1960, to the 31st January, 1962, and the 1st February, 1962, to the date of judgment amounting in all to £1,450, and ordered possession of the premises to be given to the respondent.

An application to this court for stay of execution under rules 27 and 28 after similar application to the court below has been refused is not in the nature of an appeal from the refusal by the court below. The jurisdiction of this court in such a matte