[2022]DLCA11504March 10, 2022Court of Appeal

TOP KINGS ENTERPRISE LTD vs. ADRAIN NII ODOI ODDOYE AND LETICIA NAAMI ODDOYE

BRIGHT MENSAH JA: My Lords, two (2) important issues arise in the instant appeal for our active consideration. The first is whether the 2nd defendant being aggrieved with the judgment of the High Court [Land Division], Accra delivered 27/04/2018, took the necessary legal steps to appeal against the judgment to have the adverse decision overturned in his favour on appeal. The second is the consequence of 3rd defendant’s failure of, or default in filing written submissions in compliance with rule 20(1) of the Court of Appeal Rules [CI 19] after filing his notice of appeal. Is it the case that the 3rd defendant did not want to pursue his appeal or has abandoned it? These introductory remarks are against the backdrop of two purported notices of appeal on the docket; one from the 2nd defendant and the other filed by the 3rd defendant. Significantly, the appeal by the 2nd defendant has been called into question on the ground that it is not properly filed thus, this court cannot prono.....