MARGARET OTI MENSAH vs EAGLE PRODUCTIONS LTD & ANOR.
November 6, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP GEORGE K. KOOMSON ‘J’.
Areas of Law
- Civil Procedure
- Contract Law
November 6, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
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.
This is an application to set aside the execution and for a further order to stay execution of the consent judgment.
I have read the application and the affidavits filed by both parties.
I have given consideration to the principles governing the grant of applications to set aside attachment and for grant of stay of execution.
The Defendant/Judgment/Debtors/Applicants have not shown any tangible reasons why the Court should exercise its discretion in their favour to stay execution of the consent judgment.
Earlier agreement between the parties culminating in the terms of settlement and the consent judgment have been violated by the Defendants.
Unless the Defendants adduce very strong and compelling reasons to show that they will not renege on their promises again, I do not think I have to take their promises in their affidavit serious having broken their word in the terms of settlement which was adopted by the Court.
For this reason I decline to exercise my discretion in favour of the grant.
The application for Stay of Execution is hereby refused.
Regarding the setting aside of the attachment made by the Plaintiff/Judgment/Creditor upon the breach of the terms contained in the consent judgment, I will observe that the proper thing for the Plaintiff/Judgment/Creditor to have done was to have come for leave to go into execution.
Counsel for the Plaintiff/Judgment/Creditor informs the Court that she did not ask for the leave.
In the circumstance, the attachment is hereby set aside.
Let the properties attached be released from attachment.
The Plaintiff/Judgment/Creditor is to apply for leave to go into execution.
I make no order as to costs.
GEORGE K. KOOMSON
JUSTICE OF THE HIGH COURT.