DARKWA AND OTHERS vs. KWABI IV

JUDGMENT OF WUAKU J.S.C. This is an application by the plaintiff-appellant-applicants (hereinafter referred to as the applicants) praying that the court relist their appeal struck out for hearing on its merits and/or grant extension of time within which to file their statement of case. I am told that it was decided yesterday by the Supreme Court consisting of seven judges in the case of Essilfie v. Anafo IV [1992] 2 G.L.R. 654, S.C. that this court has jurisdiction to relist an appeal deemed to have been struck out under the Supreme Court Rules, 1970 (C.I. 13), r. 13(2). The undisputed facts of this case as I can deduce from the affidavits in support and in opposition are these: (a). Form 5, the notice of transmission of records to the Supreme Court, was served on the applicants’ solicitors on 19 December 1990. (b). Pursuant to that notice the applicants filed their statement of case on 24 January 1991. (c). On a date not stated the applicants learnt that their appeal was on 16 .....