REDEEMER AMARTEY KWEI vs ISAAC ASARE & ANOTHER

A Motion for Stay of Execution pending Appeal and an order to set aside order for Writ of Possession was filed in the Registry of this Court on the 8th July, 2022 by the Defendants. One Joseph Addoquaye the 2nd Defendant deposed to an Affidavit in Support on his behalf as well as on behalf of the 1st Defendant.

He deposed that this Court on 24th March 2020, gave Judgment in favour of the Plaintiff/Respondent/Respondent against the Defendants and attached a copy of the Judgment as Exhibit ‘A’.

That the suit was about a property he bought at a Public Auction conducted by the High Court in Execution of Judgment in favour of the 1st Defendant herein, therein the Plaintiff against the Defendants therein; Judgment Debtors.

That subsequent to the vesting of the property in him by a Deed of Assignment, Certificate of Purchase and Land Title Certificate thereof, the Plaintiff herein mounted the instant action, a total stranger claiming to be head of the Judgment Debtor’s family.

Applicant attached Exhibit ‘JA1’, a Certificate of Purchase, ‘JA2’, Deed of assignment, ‘JA3, Land Title Certificate.

That dissatisfied with the said Judgment, they have caused their Lawyer to file an Appeal, and attached a copy of a Notice of Appeal as Exhibit ‘JA4’. According to the Defendants, the record of Appeal is ready and soon to be transmitted to the Court of Appeal as they have long since satisfied all conditions of Appeal.

That he has since the purchase remained in possession, having paid fully and 1st Defendant’s debt paid to him by the Court leaving the balance in the Court’s account for collection by persons entitled thereto. That it has come to their notice that, despite the fact that no order for recovery of possession was made as Plaintiff did not endorse a relief for same, Plaintiff has taken steps to initiate recovery of possession. Exhibit ‘JA5’, a copy of an order for Writ of Possession posted on the property on Wednesday, 15th June, 2022.

That they are advised by Counsel and believe same to be true that the said Execution is totally illegal and void within the circumstances and ought to be set aside.

That besides, their Notice of Appeal raises substantial point of Law on Appeal and has a high chance of success. In that:

1. That there are exceptional circumstances warranting that grant of stay of further execution in the matters as follows;

a. Having been in possession since purchase of the property, with dependents in occupation, he have also expended huge s