[1982]DLSC2152 • March 2, 1982 • Supreme Court •
KWAO II AND ANOTHER v. QUAYE AND ANOTHER; KWAO II AND ANOTHER vs. BOYE AND ANOTHER; ADDICO AND. AKUFFO (CONSOLIDATED)
The applicant, co-plaintiff-appellant in a consolidated suit involving land title disputes, had an appeal pending before the Supreme Court following an unsuccessful appeal at the Court of Appeal. The appeal was affected by procedural complications arising from the Courts Amendment Decree, 1972 (NRCD 101), which transferred jurisdiction over pending Supreme Court appeals to the full bench of the Court of Appeal. The appeal was dismissed for want of prosecution due to failure to substitute the original applicant, leading to the present motion for relistment and directions.
read moreJUDGMENT OF ANIN J.S.C This motion for relistment and for directions has been necessitated by an order made in chambers by the full bench of the Court of Appeal on or about 12 May 1977 and a subsequent letter dated 19 August 1980 received by the applicant’s solicitor from the registry of the court below. Paragraph 2 of the said letter incorporated the order of the full bench and is in the following terms: “My records reveal that by virtue of section 3 (2) (d) of the Courts (Amendment) Decree, 1972 (NRCD 101), this appeal became pendent as a review before the full bench of the Court of Appeal and on 12 May 1977 the court dealt with it in chambers in accordance with the provisions of the Chief Justice’s directives of 15 May 1975 [see[1973] 2 G.L.R 39]. The result which was copied to your predecessor, Mr. Joe Reindorf, is as follows: ‘In the absence of substitution for the original applicant for this review we have no alternative but to dismiss the application for want of prosec...