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June 16, 2023
HIGH COURT
GHANA
CORAM
We are here for the Ruling.
Respondents have not made any payment to Applicant to this date. Respondents presented us with a cheque of Two Million, Four Hundred Thousand Ghana Cedis (GH¢2,400,000.00).
It was presented on 13th June, 2023 and it was returned for insufficient funds.
COUNSEL FOR RESPONDENTS/APPLICANTS
It is true we presented a cheque, however there were some delays with respect to payments to be made into the Account.
We are certain that within the period of 15th June, 2023 to 22nd June 2023, the Account will be credited with the said payments.
We are willing to issue a new cheque to Applicant by the end of the month.
BY COURT
On 23rd February 2023, Applicants filed a Motion on Notice for Stay of Execution and payment of Judgment Debt by Instalments which was moved on 19th April, 2023.
Based on the averment in Affidavit in Support of the said Applicant, the Court did not give its Ruling on that day and adjourned the matter to enable the Respondents/Applicant make payments to Applicant/Respondents.
Up till date, Respondents/Applicants have not made any payments to Applicant/Respondent.
I have read through the Motion Paper, Affidavit in Support as well as the Affidavit in Opposition; and careful consideration having been given by the Court to the submissions made by both Counsel in moving and in opposing the instant application, the Court is not minded to grant the instant application.
This is because contrary to paragraph 12 and 13 of their own supporting Affidavit which is to the effect that Respondents/Applicants were to make an initial deposit of Five Hundred Thousand United States Dollars (US$500,000.00) on or before 3rd March, 2023 and subsequently a monthly instalment payment of Two Hundred Thousand United States Dollars (US$200,000.00) effective April, 2023. Respondents/Applicants have failed to make any payments whatsoever to Applicant/Respondent. They have failed to establish any exceptional circular warranting a grant of the instant application.
Therefore, the Motion for an Order for Stay of Execution and to pay Judgment Debt in Instalments filed on 23rd February, 2023 is refused.
COUNSEL FOR APPLICANT/RESPONDENT
We have a pending application filed on 25th January, 2023. We pray for a date to move the said application.
COUNSEL FOR RESPONDENTS/APPLICANTS
We would like to file an Affidavit in Opposition to the Motion.
BY COURT
Adjourned to 4th July, 2023 at 9:30 a.m. for Motion for Reserved Price to be moved
(SGD)
A
AI Generated Summary
In the High Court, Her Ladyship Justice Afi Agbanu Kudomor ruled on an application by the Respondents/Applicants seeking a stay of execution and permission to pay a judgment debt by instalments. The Applicants presented a cheque of GH2,400,000 on June 13, 2023, which was returned for insufficient funds, acknowledging delays but expressing confidence that their account would be credited between June 15 and June 22 and indicating willingness to issue a new cheque by month’s end. Despite an affidavit proposing an initial deposit of US$500,000 by March 3, 2023 and monthly payments of US$200,000 from April 2023, no payment was made. Having previously adjourned to enable payment, the court found no exceptional circumstances and refused the motion. Counsel referenced a pending application filed January 25, 2023, and the court adjourned to July 4, 2023 for a motion on reserved price.