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RULING
ATUGUBA, J.S.C:
The Defendant-appellant-applicant (hereinafter called the execution debtor) applies to this court "for the stay of execution of the order for delivery of possession of H/No 6C 153/29, East Legon, Mpeasem, Accra and or suspension of the enforcement of the said order for delivery of possession."
It will be seen from the formulation of this application that the alternative form of the order, it is a mere variation of language; it is aimed at the same relief, namely, stay of execution of the order for delivery of possession of the house in question.
The salient parts of the supporting affidavit are as follows:
"(2) That some time in 1997, one Amarkai Amarteifio, a lawyer by profession of Ayawaso Chambers, Osu, Accra, issued a writ against the applicant claiming an amount of £35,000 as professional fees and financing assistance rendered to the applicant who has been outside the jurisdiction at all material times.
(3) That pursuant to a judgment in default of appearance, the said Amarkai Amarteifio proceeded to cause a judicial sale of the applicant's house at Mpeasem, East Legon, Accra.
(4) That the respondent herein purportedly acquired the said property at an auction sale and proceeded to obtain an order directed against the applicant, his personal representatives and assigns, to deliver vacant possession of the said property to him.
(5) That being aggrieved, the applicant appealed against the said order for delivery of vacant possession to the Court of Appeal. The said appeal was on 17 July 2008, dismissed with costs of GH¢2,000. A copy of the judgment is attached and exhibited as AS.
(6) That being aggrieved, the applicant has appealed to this honourable court as per the attached notice of appeal exhibited as AS1.
(12) That an earlier application to the Court of Appeal was dismissed on 20 October 2008. A copy of the order dismissing same would be exhibited on receipt.
(13) That even though the judgment of the Court of Appeal is not executory in the strict sense, this honourable court has the jurisdiction to ensure that the said order for delivery of vacant possession is heard in the appeal, in the interest of justice."
The relevant rule of this court on stay of execution is rule 20 of the Supreme Court Rules, 1996 (CI 16). It provides as follows:
"20. Effect of appeal
(1) A civil appeal shall not operate as a stay of execution or of proceedings under the judgment or decision appealed against except in so far as the Court or the