DEI XI vs. DARKE XII

The point of law which arises for determination in this application is, essentially, whether this court has jurisdiction to restore to the list, and hear on the merits, an appeal which has been deemed to have been struck out by operation of law under rule 13(2) of the Supreme Court Rules, 1970 (C.I. 13). The relevant portions of the said rule 13 read as follows: “13. (1) The appellant shall, within three weeks of being notified that the record is ready, file with the Registrar a statement of his case based on the grounds of appeal as set out in the notice of appeal. (2) Where the appellant does not file the statement of his case in accordance with the provisions of the preceding sub-rule the appeal shall be deemed to have been struck out and the Registrar shall so inform the parties.” The facts grounding this application, as can be ascertained from the rival affidavits of the parties, are that on 22 February 1989 the High Court, Accra delivered a judgment in the above case agai...