[2000]DLCA6212April 11, 2000Court of Appeal

ADOLF MOUNEKE vs. MOSES ADEYINKA THOMPSON

OWUSU-ANSAH, JA: This is a MOTION on notice by Nathaniel Myers for and on behalf of the applicant herein praying this Court for extension of time within which to appeal and for a stay of execution pending the hearing of the said application on the grounds contained in the accompanying affidavit and on such other grounds as to this Court may deem fit. The Affidavit in support of the motion deposes to the fact that on the 28/5/99 the High Court sitting in Accra delivered a judgment against the Defendant/Applicant. According to the Defendant/Applicant when he was served with entry of judgment he consulted counsel for advice but had to travel at short notice, only to find on his return that his solicitor had filed an application to pay the judgment debt by installment. The Defendant appellant states that he was aggrieved by the said judgment and, accordingly wanted to appeal. However, he was informed by his solicitors that he was out of time. The judgment was delivered on the 28/5/...