KAMARA v. TRAORE

Annan J. considered an application by the defendant, who had admitted indebtedness of N¢1,000 to the plaintiff for a loan enabling retrieval of a repaired vehicle, to stay execution of the District Court Grade I, Kumasi judgment pending his appeal. The suit proceeded on the undefended list, and while admitting the debt the defendant filed a counterclaim seeking N¢2,000 in damages for an alleged unlawful seizure of his vehicle—loaded for transport to Mali—by the plaintiff, claiming special damages of N¢1,724.50 and general damages of N¢380. The district magistrate entered judgment for the admitted sum, refused a stay and transfer, and struck out the counterclaim. On appeal, Annan J. held that, under N.L.C.D. 277 and N.L.C.D. 84, a counterclaim is a cross-action filed in the same court and cannot be transferred by the district court. He further held that neither a pending appeal nor a cross-action per se justifies a stay absent evidence that execution would render appellate or counterclaim efforts nugatory. Finding no averment of the plaintiff’s inability to satisfy any adverse judgment and noting the plaintiff’s solvency, the application was dismissed with costs of N¢50.