JUDGMENT OF KORSAH C.J.
Korsah C.J. delivered the judgment of the court: This is an application for extension of time to execute the bond for costs on appeal, and also for stay of execution pending appeal.
In a claim by the plaintiff against the applicant who was defendant, judgment was entered against defendant, for the amount claimed with costs on 24th June, 1960; being dissatisfied with, and aggrieved by, the said judgment, defendant filed a notice of appeal at the registry of the court below on the 18th July, 1960, and the following conditions were imposed, viz —
1. To deposit £G30 against preparation of appeal record,
2. To enter into a bond in the sum of £G50 with two sureties to be justified etc.
The appellant deposited the sum of £G30 on the same day but took no further steps with respect to the other condition imposed. By rule 11 of the Supreme Court (Court of Appeal) Rules 1957 the time runs from the date of the judgment.
The applicant alleges in his affidavit sworn to on 3rd December, 1960 that on that day he went to the court to find out why the appeal record had not been forwarded to Accra , and was told that he had failed to execute the bond and therefore the record has not been typed, and that he should apply to this court for extension of time and as the result filed this application.
This application is made under rules 20 (2) and 28 of the Supreme Court (Court of Appeal) Rules, 1957, to this court for extension of time to execute the bond for costs and for stay of execution pending appeal respectively. Counsel however abandoned the prayer for stay of execution; we shall therefore not refer further to it.
Rule 20 (2) reads as follows:
"If the respondent alleges that the appellant has failed to comply with a part of the requirements of rule 9, 13 (4) or 14 the Court, if satisfied that the appellant has so failed, may dismiss the appeal for want of due prosecution or make such other order as the justice of the case may require."
It is obvious that this application could not be made under this rule which clearly refers to what the respondent may do, where there has been non-compliance with conditions of appeal by the appellant; consequently, this rule envisages an appeal pending before the court.
Provision under which application can be made for enlargement of time within which to appeal is rule 11 (4) which reads as follows:
"No application for enlargement of time in which to appeal shall be made after the expiration of one mon
