BANSON vs. ABBEY

JUDGMENT OF KORSAH, C.J. Korsah, C.J. delivered the judgment of the court. In this appeal an important question of procedure, relating to conditions of appeal which may be imposed by the registrar of the court below has been raised by counsel for the respondent in support of his contention in a preliminary objection on the following grounds: “(1) That the appeal is not properly before the court in that the court below had no power to grant an extension of time within which to fulfil the time imposed by the registrar of the court below under Rule 14 of the Supreme Court (Court of Appeal) Rules, 1957. (2) Because the court below was wrong in holding that appeals to the Court of Appeal or Supreme Court, were governed by the Supreme Court (Civil Procedure) Rules, 1954, particularly Order 64 of the said Rules”. The history of this appeal may be briefly stated: judgment was delivered by the High Court, Sekondi, on 23rd June, 1960, in favour of plaintiff. The defendant being...