1st thing judgement creditor files after judgement is given ‘judgement after trial’ or ‘entry of judgement’ served on debtor and failure to satisfy judgement debt, entitles creditor to start execution. Notice of appeal may be filed after judgement but this doesn’t stay execution of judgement, it is only stayed upon application on notice to the court per O 51r1.
Execution: movables must be attached before immovable if immovable before movables judgement may be set aside.Generally, all movables can be attached except wearing apparel, beddings, household furniture and utensils, tools and implement of trade/profession. O 45r15 judgement for payment of money may be stayed by court on application by debtor on grounds,special circumstances render it inexpedient to enforce judgement, \applicant is unable for just reason to pay money, another ground is occurrence after judgement i.e. proof that money is being expected per O 43r11. Order for stay may be absolute or for such period as considered, where application for stay is pending proceeding for execution shall be stayed. CI 19 R27 CA may stay execution where exceptional circumstances are shown. O 14r5 court may grant stay pending trial of counterclaim under summary judgement.
Judgements except where it is for a sum of money which is by Writ of Fifa-no leave needed-goods are sold and sale done by court sheriff, are enforced by any of these:
Writ of Sequestration-leave needed-goods kept till debt fulfilled-order time bound-execution by commissioners not court official,
Garnishee order–
Writ of Possession O 43r3(2)-for recovery of immovable property-contain description of property-executed by sheriff ordered to enter land and give possession of it to creditor-with leave except in mortgage actions-court must be satisfied every person in possession of property has received notice of proceedings sufficient to enable person to apply to court for any relief entitled-writ may include provision for enforcing payment of any money adjudged or ordered to be paid by judgement or order to be enforced by writ, per Dzotepe v Hahormene III where there is no judgement for possession there is no jurisdiction to order writ of possession.
Writ of Delivery-
Charging/Stop Orders-
Interpleader Summons-
Goods taken in execution must be sold at auction after reserved price fixed by court upon application on notice by creditor supported by affidavit and valuation report indicating force sale value and market value of goods, where debtor objects to valuation he may commission his own valuation and furnish court with report, where difference is hotly contested court may with consent of parties appoint independent valuer to value goods, afterwards court fixes reserved price below which goods shouldn’t be sold. Sale be advertised in local newspaper at auction place movable advertised for 7 days and 21 days for immovable. Per Republic v CC Ex Parte Arthur where sale is advertised but date postponed sale need not be advertised again but where sale is declared void and resale ordered, resale must be advertised afresh.
Committal for Contempt: O 50 Commenced by application on notice supported by affidavit, served personally on person sought to be committed, per r2 where contempt done before court then no need for application and court suo motu makes order. Power to commit vested in superior courts. Per r3 certain contempt application may be heard in chambers, in adoption of infant guardianship or maintenance, mental illness, secret process, discovery or invention, national security.
Types are contempt in facie curiae (in face of court) and contempt outside court esp. disobedient to court order.
Appointment of Receiver: O 27 court may appoint by interlocutory order if necessary made conditionally or unconditionally, application may be joined with ancillary injunction, person appointed may be required to give security by guarantee or by written undertaking, receiver shall submit accounts to court which shall be passed by registrar.
Judgement Against the State
S 15 of State Proceedings Act (Act 555) when judgement or judgement is made in favour of one against republic, department of republic or employee of republic, court shall issue certificate to person containing particulars of order on application of creditor. Application made within 21 days from date of judgement, copy of certificate may be served on comptroller & accountant-general if involves payment of money and amount be specified plus interest or AG in any other case.
S 16 of Act 555 judgement for republic against person enforceable in same manner as between private persons.
Enforcement of Foreign Judgements and Maintenance Awards
S 81-82 of Act 459 creditor can apply to enforce if country of judgement has reciprocity regime with Gh. reciprocity in enforcement is granted by president through L.I. and enforced if it’s judgement of superior court, final and conclusive, payable sum of money other than taxes, or judgement given after L.I. passed.
Creditor apply for leave to register judgement in HC by motion ex parte and affidavit exhibiting judgement, translated if not in English, name trade and place of abode of creditor and debtor, that creditor is entitled to enforce, judgement is enforceable in country of origin, amount and interest, its cedi equivalent at BoG exchange rate at date of judgement. Order granting leave to enforce be served on debtor stating period within which registration may be set aside and that execution will not proceed except after expiration period for setting registration aside and execution allowed only where creditor complied with requirements. Notice of registration be served on debtor personally or out of jurisdiction without leave, per O 71.
S 84 of Act 459 application to set aside registration grantable where appeal is pending, applicant is entitled and intends to appeal, or fraud, etc. supported by affidavit
S 89-97 of Act 459 enforcing maintenance order given outside in Gh or outside Gh where made in Gh, reciprocal provisions of country must exist, superior court and registered in HC, DC where any other court. Certified copy to minister of justice to transfer to appropriate court. Order may be provisional and may be confirmed by foreign court. Where order is to be enforced outside application is made to court granting order.
O 72 registered order have same force as if made by a local court and enforced like judgement for payment of money by instalment.
(O43r5) writ of sequestration is method of enforcing judgement by leave of court, per Pratt v Inman it is a process of contempt and the question for the court on application is whether contempt has been committed. Circumstances for its issue are orders or judgements requiring one to do and act or abstain from doing an act. E.g. payment of money, giving up possession, delivery up of goods, abatement of nuisance, rendering or delivery of account, etc. Its effect is to bind the property movable or immovable in possession so attached at time of issue. Per Burdett v Rockley no charge is created thereon unless registered under the Land Title Registration Act. Before issue copy of order with notice that failure to obey will warrant liability to process of execution served personally on him and upon failure sequestrator may enter land of defaulter to receive rent and profits and take movables on land and sold to recover demand.
(O50) committal order is power of the court to punish for contempt under this order, where offender’s person is seized and taken to prison or imposition of fine or bothtake security for good behaviour. Order must state contempt and what offender must do clearly, particulars of contempt in order mustn’t contain references to matter not found in affidavit in support of committal application per Tabone v Seguna.
Per Rep v Sito; Ex Parte Fordjour 3 elements of contempt 1-order of court to do or abstain within time specified 2-contemnor knows exactly what he is required to do or abstain and 3-he deliberately refuses to obey. Per Rep v Bekoe; Ex Parte Adjei contempt is quasi criminal and must be proved with same strictness as in criminal cases, thus proof beyond reasonable doubt, legitimate defence that notice of order wasn’t served on him.