[1983]DLSC2142 • March 29, 1983 • Supreme Court •
IN RE YENDI SKIN AFFAIRS; ANDANI vs. ABUDULAI
The appellant, Ya Na Yakubu Andani II, Paramount Chief of the Dagomba Traditional Area, filed an appeal against a Court of Appeal ruling. The appeal was struck out by the Supreme Court Registrar under rule 13(2) of the Supreme Court Rules, 1970 (CI 13) for failure to file a statement of case within three weeks of notification that the record was ready. The appellant contended he was never notified that the record was ready, thus the striking out was improper. The respondent argued that proper notification was given and the striking out was valid.
read moreJUDGMENT OF ADADE J.S.C. This is an application by the appellant herein, Ya Na Yakubu Andani II, Paramount Chief of the Dagomba Traditional Area, asking the court to restore to the list an appeal which was deemed to have been struck out, under rule 13 (2) of the Supreme Court Rules, 1970 (CI 13). The background to this application is fairly straightforward. On 10 July 1981, the said Ya Na Yakubu Andani II (hereinafter referred to simply as the appellant) filed an appeal against a ruling of the Court of Appeal dated 16 April 1981: see In re Yendi Skin Affairs; Andani v. Abudulai [1981 G.L.R. 283, C.A. The record of appeal was settled and transmitted to the Supreme Court. On 26 April 1982, the appellant, at Yendi, received a notice from the registrar of this court that this appeal had been struck out under rule 13 (2) of CI 13. The said rule reads: “2. Where the appellant does not file the statement of his case in accordance with the provisions of the preceding sub-rule the appeal sh.....