JUDGMENTBY: HASHIM YEOP A SANI J

This was an application for stay of execution or alternatively to allow the applicant to pay the judgment sum with interests and costs by monthly instalments of $ 500/= to be held in trust by the solicitors for the respondent.

From what can be gathered from the affidavit of the applicant and the reply by the respondent, judgment in a sum of $ 12,788/= together with interest and costs was entered in the Sessions Court against the defendant (now applicant). The application for stay of execution was made to the Sessions Court by the surviving partner of the defendant firm. On January 15, 1982 the Sessions Court allowed stay on condition that the defendant deposit the judgment sum with the solicitors of the plaintiff firm within 30 days of the order. Soon afterwards an application was made in the Sessions Court by the same partner of the defendant firm to pay instead by monthly instalments of$ 500/= on the grounds that he was in financial difficulties. But this application was refused. Hence the present application.

The law on the granting of an order for stay of execution has been examined a number of times in the courts of this country. It is