KISSI AND ANOTHER vs. NORTEY AND ANOTHER

AMUAH JA. This is an application by the plaintiffs-applicants for an order restoring the appeal which was dismissed by the court on 10 December 1991 and for leave for extension of time within which to fulfill the conditions of appeal. The grounds upon which the application is based are set out in an accompanying affidavit. Learned counsel for the plaintiffs-appellants submitted that his clients were not served with a hearing notice for the appeal. He contended that even though his clients were not present at the settlement of the records in May 1991 they would have fulfilled the conditions but for the loss of the docket which was misplaced by late Mr Teiman. After his death, Mr Bentil, the Deputy Chief Registrar, ordered a fresh docket to be opened and the registry accepted payment of the sum of ¢5,000 and on the 8 November 1991, a cheque in the sum of ¢300,000 in lieu of the bond. He further contended that his clients have never been given notice that the record of appeal has bee.....