[2021]DLHC11623December 22, 2021High Court

BRIGHT DADZIE vs. MARGARET FOSUWAA @EKUA FOSUWAA

This is an application for relistment of an Appeal struck out by this Court differently constituted on 4th March, 2021 for want of prosecution. The Appeal was against the judgment of the District Court, Takoradi dated 26th November, 2018. The Appellant/Applicant is praying this Court to relist the suit as his appeal has a high chance of success. Respondent is opposed to the application. It is her case that the applicant has been tardy in pursuing the appeal. That the appeal was struck out on 14th March, 2021 and the application for relistment comes nine (9) months after the appeal had been struck out. In an application to relist a suit that has been struck out for want of prosecution, the court is minded to grant the application where a party has given a reasonable explanation for his absence in court and has shown considerable remorse and prays to be admitted and have the case heard on its merit. The court in granting the application may impose cost to appease the other party....