[2009]DLSC2500 • March 11, 2009 • Supreme Court •
M. N. OCANSEY vs. MADAM GRACE TEYE & 6 ORS TEMA DEVELOPMENT CORPORATION DOKU AGBEYEVU
The appellant, a co-defendant in a High Court case at Tema, was aggrieved by a judgment delivered on 11/10/2001 and filed an appeal on 2/11/2001. The High Court registrar set conditions for the preparation of the appeal record, including deposits for costs and binding. The appellant paid part of the deposit but failed to fulfill all conditions, leading to a Certificate of Non-Compliance and the striking out of the appeal by the Court of Appeal on 4/4/2006. The appellant's subsequent application to relist the appeal was refused by the Court of Appeal, prompting this appeal to the Supreme Court.
read moreANIN YEBOAH, J.S.C:- This is an appeal against the striking out of an appeal and failure to relist same by the Court of appeal. The facts which appear to be simple are that the appellant was a Co-defendant in a case which was heard before the High Court, Tema. The judgment in the case was delivered on 11/10/2001 and the appellant who felt aggrieved by the judgment filed an appeal on the 2/11/2001. As enjoined by procedural rules of the court, the appellant and the respondent herein were invited by the registrar of the High Court to settle records for the appeal. The parties herein did not appear before the registrar of the Tema High Court on 21st of January 2005 to settle the records by themselves. The solicitor for the respondent, however, wrote a letter to the registrar and listed the documents and evidence which he wanted to constitute the record for the purposes of the appeal. The appellant’s solicitor sent a law clerk in the person of Benjamin Addey Tettey to represent.....