MERAH vs. OKRAH

JUDGMENT OF ADADE J.S.C. Adade J.S.C. delivered the judgment of the court. Section 10 (7) of the Courts Act, 1971 (Act 372) stipulates that: “7. The Court of Appeal shall not entertain any appeal unless the appellant has fulfilled all the conditions [of appeal] prescribed by the Rules of Court.” (The emphasis is ours.) The said conditions of appeal require, inter alia, that the appellant shall file a notice of appeal within the prescribed time as provided by rule 10 of the Supreme Court Rules, 1962 (L.I. 218), and, in addition, fulfil the conditions imposed by the registrar of the trial court at the time of settling the record of appeal, viz: “(a) that the appellant shall as provided by L.I. 218, r. 12 (4) ‘deposit ... a sum ... to cover the estimated expense of making up and forwarding the record of appeal ...’and in addition, (b) in compliance with L.I. 218, r. 13 deposit such sum . . . or give security therefore by signing a bond . . . for the due prose...