NII ASERE COBBLAH OKU vs LINFORD ASARE & ANOR
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ALEXANDER OSEI TUTU (J.)
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for stay of execution of a judgment dated November 15, 2022. The Applicant, a businessman, had an agreement with the Respondent to develop and manage the Respondent's property for ten years. The Applicant rented out the property to recover costs but faced a judgment against him. He sought a stay of execution, citing potential harm due to accrued 3rd Party Interest. The Respondent opposed the application, arguing no exceptional circumstances were demonstrated. The Court dismissed the application, finding no exceptional circumstances to warrant a stay of execution. The Court emphasized the importance of documentary evidence in business arrangements and noted that monetary accounts could be settled if the appeal succeeded. The Court also mentioned that tenants could potentially attorn tenancy to Judgment Creditors. The application was dismissed with costs of GH¢3,000.00 awarded to the Respondent.
The Defendants/Judgment Debtors/Appellants/Applicants are praying the Court for an Order of Stay of Execution of the Judgment of the Court dated 15th November, 2022. The Applicant believes that the Court, differently constituted erred in its Judgment which puts the Appeal in a pole position to succeed.
The Applicant, who is a business man obtained the consent of the Plaintiff/Judgment Creditor/Respondent to develop his property and manage same for ten (10) years.
In order to defray the cost since the Applicant was supposed to make profit out of it as a business man who renovates old structures, he rented the property out.
The Applicant explains that he stands to suffer greatly since 3rd Party Interest has accrued.
The Respondent opposed the Application, arguing that the Applicant demonstrated no exceptional circumstance to warrant the grant of the Application, which was filed about a year ago.
The Respondent conceded that he contracted the Applicant to renovate his property for him but did not ask him to rent out the place to defray any cost when he had not come to him to show the amount of money he injected into it to go into accounts.
I have carefully considered the processes filed and the submissions of both Counsel.
I regret to say that, I find no exceptional circumstance canvassed by the Applicant to excite my sympathy to make the grant sought.
The Applicant claimed that, he agreed with the Respondent to manage the property for ten (10) years after renovating it.
He claims he is into that business, therefore, I expected him to have insisted documentary proof of the arrangement, but that was not the case.
Since he is not disputing ownership of the property, what may be of paramount importance is the monetary accounts between them which can easily be sorted out should the appeal go in his favour.
His concern about the 3rd Party tenant may be mundane.
There have been instances where tenants attorn tenancy to Judgment Creditors in appropriate circumstances.
In the light of the above, I dismiss the Application praying for the Stay of the Execution of the Judgment.
I award costs of Three Thousand Ghana Cedis(GH¢3, 000. 00) in favour of the Respondent.
(SGD. )H/L ALEXANDER OSEI TUTU JUSTICE OF THE HIGH COURT.