[2007]DLSC6750 • November 21, 2007 • Supreme Court •
NANA OPOKU AKWAA II AND 4 OTHERS vs. RICHARD EBO ANNAN HAGAN AND ADWOA NYARKOA
The applicants, petitioners in a chieftaincy dispute before the Central Region House of Chiefs, had their capacity to continue challenged unsuccessfully at the trial tribunal but unsuccessfully on appeal at the National House of Chiefs. They appealed to the Supreme Court but failed to file their statement of case within the prescribed time. Instead, their counsel raised objections to the record's state via letter, which was ignored. After a certificate of non-compliance was issued by the Registrar, the applicants filed a motion for rectification which was dismissed, and their appeal struck out. They then applied for relistment and extension of time to file their statement of case.
read moreATUGUBA, J.S.C. The applicants were some of the petitioners in a chieftaincy case in the Central Region House of Chiefs. Their capacity to continue with the action was challenged unsuccessfully before that trial tribunal. However on appeal the National House of Chiefs allowed it by a 4-1 decision and dismissed the action. The applicants then appealed to this court. However upon receipt by counsel of his clients, copy of the record of appeal, he, instead of filing a statement of their case rather raised certain objections to the state of the record in a letter, exhibit D, dated 29th March, 2004, which, ex facie, was copied to the Respondents or their Solicitors. In sum these complaints related to the absence of exhibit A, a letter of abdication; otherwise they related to a slight mix up in the paging and positioning of other exhibits. This letter was unheeded, for, on the 25th day of June 2007 the Registrar issued his certificate of the applicants' non compliance with r 15(1) of ...