IN RE YENDI SKIN AFFAIRS; ANDANI v. ABUDULAI

JUDGMENT OF ADADE J.S.C.

This is an application by the appellant herein, Ya Na Yakubu Andani II, Paramount Chief of the Dagomba Traditional Area, asking the court to restore to the list an appeal which was deemed to have been struck out, under rule 13 (2) of the Supreme Court Rules, 1970 (CI 13). The background to this application is fairly straightforward. On 10 July 1981, the said Ya Na Yakubu Andani II (hereinafter referred to simply as the appellant) filed an appeal against a ruling of the Court of Appeal dated 16 April 1981: see In re Yendi Skin Affairs; Andani v. Abudulai [1981 G.L.R. 283, C.A. The record of appeal was settled and transmitted to the Supreme Court. On 26 April 1982, the appellant, at Yendi, received a notice from the registrar of this court that this appeal had been struck out under rule 13 (2) of CI 13. The said rule reads:

"2. Where the appellant does not file the statement of his case in accordance with the provisions of the preceding sub-rule the appeal shall be deemed to have been struck out and the Registrar shall so inform the parties."

The obligation to file the statement of case is imposed by rule 13 (1) of CI 13 which provides:

"13. (1) The appellant shall, within three weeks of being notified that the record is ready, file with the Registrar a statement of his case based on the grounds of appeal as set out in the notice of appeal."

It will be observed that this obligation matures only after the appellant has been "notified that the record is ready." The appellant now says that he never at any time received any notice that the record was ready. This appeal therefore could not have been properly struck out under rule 13 (2). He now applies to have the appeal restored to the list.

On his part, Mahamadu Abudulai (hereinafter referred to as the respondent) contends that the appellant was duly "notified," and the striking out was proper and regular. Mr. E. O. Appiah, counsel for the [p.1084] respondent further contends that where a striking out occurs under rule 13 (2), the appeal cannot be relisted, for reasons which he argued in great detail and with consummate skill.

Rule 13 (1) which imposes on an appellant the obligation to file a statement of his case says the appellant shall file the statement "within three weeks of being notified that the record is ready." The form of notification and by whom it should be done are regulated by the preceding rule 12 (1) which provides, "When the record of appeal is ready the Regi