DAVID NII ODOI ANNAN and ANOTHER v. MADAM LYDIA ARYEE ACCRA

MARFUL-SAU,JA :-

This is an appeal taken against the judgment of the High Court, Accra dated the 27th May 2005.

The brief facts of the case are that upon the death intestate of Griffiths Yarlai Mensah Annan on the 26th May 1987, his family met and appointed the plaintiffs/respondents herein after referred to as respondents, to apply for Letters of Administration to administer the estate.

The defendant/appellant to be referred to as the appellant caveated the application for the Letters of Administration, claiming that she was a customary wife and entitled to be part of the administration of the estate of the deceased.

The respondents then commenced this action praying the court to (a) strike out the Caveat filed by the appellant and (b) an order granting the respondents administration of the estate of the deceased.

The case proceeded to trial and judgment was entered against the appellant.

The court found that the appellant was not able to discharge the evidential burden she assumed to prove on the pleadings.

The appellant thus filed this appeal against the judgment on the 30th of June 2005.

Appellant's Notice of Appeal which is at page 153 of the record of appeal had two grounds namely:-

''1. The judgment is manifestly against the weight of evidence adduced at the trial.

2.The learned trial Judge erred in law when he held that the five years that the defendant lived together with the deceased as man and wife did not constitute consummation of their marriage.'' Rule 8 (4) of the Court of Appeal Rules, CI 19 states as follows:-

''Where the grounds of an appeal allege misdirection or error in law, particulars of the misdirection or error shall be clearly stated''. Appellant's ground (2) as I have reproduced above clearly sins against this rule and same should not be entertained.

The rule required the appellant to provide particulars of the error of law alleged and having failed to so do that ground will be struck out as incompetent.

This court has in several decisions stressed the need for appellants to strictly comply with the rules that regulate it proceedings.

In the case of Zabrama v. Segbedzi (1991) 1 GLR 221, this very court speaking through Kpegah JA (as he then was) reiterated that the requirement of providing particulars of an error of law or a misdirection alleged in a notice of appeal is to put the respondent and the court on notice on the particular area of law the dissatisfaction is alleged and helps to narrow down issues in the he