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J U D G M E N T.
ANIN YEBOAH, J.S.C.
On the 11/05/2011 we dismissed the appeal and reserved our reasons for so doing. We proceed to give our reasons.
The appellants herein pray this court for an order staying execution of the judgment of the High Court, Accra dated the 20/04/2009.
Both appellants were senior officers of the second defendant company. The company was sued by Rana Motors and Metal Works Engineering Company Limited. Rana Motors were adjudged to recover an amount of money from the company as judgment debt.
It proceeded to levy execution by fi.fa against the second defendant company by attaching two houses at Tema described as Hse. № 17 and 24 all at Community 3, Tema, to sell to satisfy the judgment debt. The two houses were indeed sold to BBC Industrials Co. (Ghana) Limited at a public auction.
The appellants claimed that at the time the houses were sold they were the occupants. It was also the case of the appellants that at the time the house was sold the respondent herein as the purchaser made no investigations as to the interests of the appellants. However, subsequent to the purchase, the respondents wrote to the appellants informing them of the purchase and demanded vacant possession of the two properties. The appellants refused to give vacant possession.
The appellants commenced action against the respondent claiming several reliefs which were endorsed on the writ of Summons. In the affidavit of Livingstone Djokoto, the first appellant herein, it was deposed to that even though the legal title to the two properties were in the name of the City Express Bus Services Limited, the appellants were the beneficial owners and each of the appellants occupied his house as owner in his own right.
The High Court, Accra, dismissed the claim of the appellants and entered judgment for the respondents on its counterclaim. Being dissatisfied with the High court’s judgment, the appellants lodged an appeal to the Court of Appeal. They applied for stay of execution of the judgment at the High court but same was refused.
The appellants repeated the application for stay of execution at the Court of Appeal which also dismissed same on 27/10/2009 on the simple grounds that no exceptional circumstances existed to warrant a stay of execution. The appellants felt aggrieved by the ruling of the Court of Appeal and have appealed to this court against the Court of Appeal’s order refusing the stay of execution.
The Court of Appeal in a short ruling said as fo