Henrietta Afua Colley Vrs Teddy Ansah Cobbina [2023] GHACC 552 (17 March 2023)

The applicant failed to provide evidence of income or liabilities to substantiate inability to pay, as required by law, and thus did not meet the threshold for a stay of execution.

Citation: [2023] GHACC 552
Parties: Petitioner/respondent: Henrietta Afua Colley; Respondent/applicant: Teddy Ansah Cobbina
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 17 March 2023
Procedural Posture: Motion for Stay of Execution / Ruling on Motion
Outcome: application for stay of execution refused
Legal Topics: Alimony, Stay of Execution, Garnishee Order
Source Language: English

Family Law Civil Procedure Alimony Stay of Execution Garnishee Order

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Parties

Henrietta Afua Colley

Petitioner/respondent

Teddy Ansah Cobbina

Respondent/applicant

Procedural Posture

Motion for Stay of Execution / Ruling on Motion

Legal Issues

1 Whether the applicant has shown sufficient grounds for a stay of execution of the alimony judgment

Ratio Decidendi

The applicant failed to provide evidence of income or liabilities to substantiate inability to pay, as required by law, and thus did not meet the threshold for a stay of execution.

Court Disposition

application for stay of execution refused

Orders

Application for stay of execution is refused.
Cost of GH¢1,000.00 awarded against the applicant.