[1973]DLCA2211July 24, 1973Court of Appeal

TRABOULSI & CO. vs. PATERSON ZOCHONIS & CO., LTD.

JUDGMENT OF AZU CRABBE J.S.C. This appeal arises from the refusal of Hayfron-Benjamin J. to grant an application by the appellants for an order for an extention of time within which to fulfill the conditions of appeal. The facts are that on 20 January 1971, judgment was given against the appellants in the District Court, Accra, and on 31 January 1971, the appellants filed notice of intention to appeal to the High Court. The appellants allege here that due to an oversight they were unable to fulfil the conditions of appeal within seven days as required by the rules, and that on 21 May 1971, they applied to the district court for an extension of time to enable them to fulfil these conditions. This application was refused. Realising that the application to the district court was misconceived, the appellants repeated their application for an extension of time before the High Court by filing a notice of motion on 21 May 1971. This application eventually came before Hayfron-Benjamin J. w...