STANDARD BANK OF WEST AFRICA LTD. v. BOAITEY

The High Court (Taylor J.) considered an application by Standard Bank of West Africa Ltd. to prevent a pending appeal from operating as a stay of execution of a consent judgment against a judgment debtor, a hotel proprietor involved in timber business. The debtor had promised a N¢2,000 down payment and N¢500 monthly instalments but defaulted, sought repeated adjournments, and had his stay/instalment application dismissed with costs. He then appealed solely against the refusal to grant a stay, after which the senior registrar suspended execution believing the appeal automatically stayed proceedings. Interpreting rule 27 of the Supreme Court Rules (as amended by L.I. 618) in light of article 110 of the 1969 Constitution, the court held that an appeal stays only execution under the judgment, decree, or order appealed, and that a refusal to make an order is not itself an order, so no right of appeal lies and the appeal cannot stay execution. Alternatively, even if the rule applied, the court would deny a stay in its discretion given the debtor’s delaying conduct and the bank’s ability to make restitution. The court directed the senior registrar to proceed with execution and granted the application, with no order as to costs.