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M. N. OCANSEY v. MADAM GRACE TEYE & 6 ORS, TEMA DEVELOPMENT CORPORATION AND DOKU AGBEYEVU

March 11, 2009

SUPREME COURT

CORAM

  • BROBBEY, J.S.C. (PRESIDING)
  • DATE-BAH, J.S.C.
  • ADINYIRA, J.S.C.
  • DOTSE, J.S.C.
  • ANIN YEBOAH, J.S.C

Areas of Law

  • Civil Procedure

AI Generated Summary

This Supreme Court judgment concerns an appeal by a party who was a co-defendant in litigation in the High Court, Tema, challenging the Court of Appeal’s refusal to relist his struck-out appeal. After judgment was delivered on 11 October 2001, he filed an appeal on 2 November 2001. When the registrar scheduled record settlement on 21 January 2005, the respondent’s solicitor identified documents by letter, while the appellant’s side sent a law clerk, Benjamin Addey Tettey, and requested inclusion of all processes. The registrar set four conditions, including deposits of ¢500,000 for record preparation and ¢2,000,000 for costs, and paying binding/photocopying charges. The appellant paid ¢500,000 but failed to meet the binding/photocopying condition and later withdrew ¢150,000 of those charges. A Certificate of Non-Compliance issued, and on 4 April 2006 the Court of Appeal struck out the appeal. An application to relist on 3 July 2007 was dismissed. The Supreme Court, applying section 11(7) of Act 459 and Rule 18(3) of CI 19, upheld the refusal and dismissed the present appeal.

JUDGMENT