Fitouri Krekchi V. The United Africa Co. Ltd (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Conditional leave to appeal and slay of execution granted on certain terms—
Application to vary order by permitting appellant to ‘bay judgment debt by
instalments not enkrtainabk–Order for appellant to give security in sum of
£500 subject to conditions relating to prosecuting appeal and payment of costs is not satisfied by cash deposit of £500.

Facts

A single Judge of the Court granted conditional leave to appeal and also a stay of execution upon the defendant giving security in the sum of £500 subject to conditions for the due prosecution of the appeal and for payment of all costs to become payable to the respondent. In lieu of giving this security the appellant, through his solicitor, deposited in Court the sum of /500 without any undertaking.
The appellant moved the Court to vary judge’s ‘order relating to stay of execution by permitting him to pay the judgment debt by monthly instalments of £50.

The respondent’s Counsel argued that the order for security was not satisfied by the deposit of £500.

Held

The appellant was not, in fact, applying for an order suspending execution, but for an order as to how the judgment was to be satisfied. The Court had no power to entertain the application.

Held further, that the deposit of £500 without any order as to the terms and conditions under which it was held by the Court was not a compliance with the order of the Court requiring the appellant to enter into good and sufficient security. Final leave to appeal was refused.

Motion disallowed. Final leave to appeal refused.