MARGARET OTI MENSAH vs EAGLE PRODUCTIONS LTD & ANOR.

In the High Court, Justice George K. Koomson addressed an application by the Defendant/Judgment/Debtors/Applicants to set aside execution and to stay execution of a consent judgment arising from terms of settlement between the parties. After reviewing the application and affidavits from both sides, the Court emphasized the governing principles for stay and attachment. The Court found that the defendants had breached the agreement embodied in the consent judgment and had not offered tangible, strong reasons to warrant discretionary relief. Accordingly, the Court refused the stay of execution. On enforcement, the Court held that the Plaintiff/Judgment/Creditor had attached properties without first obtaining leave to go into execution, and counsel confirmed no leave had been sought. The Court set aside the attachment, ordered the release of the properties, directed the Plaintiff/Judgment/Creditor to apply for leave to execute, and made no order as to costs.