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
March 11, 2009
SUPREME COURT
CORAM
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.
J U D G M E N T
ANIN YEBOAH, J.S.C:-
This is an appeal against the striking out of an appeal and failure to relist same by the Court of appeal. The facts which appear to be simple are that the appellant was a Co-defendant in a case which was heard before the High Court, Tema. The judgment in the case was delivered on 11/10/2001 and the appellant who felt aggrieved by the judgment filed an appeal on the 2/11/2001.
As enjoined by procedural rules of the court, the appellant and the respondent herein were invited by the registrar of the High Court to settle records for the appeal. The parties herein did not appear before the registrar of the Tema High Court on 21st of January 2005 to settle the records by themselves. The solicitor for the respondent, however, wrote a letter to the registrar and listed the documents and evidence which he wanted to constitute the record for the purposes of the appeal. The appellant’s solicitor sent a law clerk in the person of Benjamin Addey Tettey to represent the solicitor for the appellant. He also requested that all the processes so far filed and the entire record and evidence be compiled to form the record for the appeal. The Registrar then proceeded to list the conditions of appeal which is reproduced for a fuller record:
Registrar Conditions:
1. The Appellants to deposit the sum of ¢500,000.00 towards the preparation of the records.
2. To deposit the sum of Two million Cedis (¢2,000,000.00) into court towards costs on appeal or in lieu of payment enter into bond for the costs in like sum with one surety.
3. Appellants are to pay the bills of binding the record of appeal after typing and photocopying of the relevant documents
4. The above conditions to be fulfilled with one month from today.
J.N. NYAGBLODZRO
HIGH COURT REGISTRAR
The record shows clearly that on 26/01/05 the appellant indeed paid the deposit of ¢500,000.00 in compliance with the first condition set out above. He, however, did not satisfy the condition set out in paragraph 3 thereof. It however, turned out that the appellant later went to the Registrar to demand his deposit on instructions of his solicitor. It is not clear whether the other condition set out in paragraph 2 thereof was fulfilled. On 27.10.2005, counsel for the Respondent wrote to the trial court registrar demanding to know whether indeed the appellant had on instructions of his solicitor withdrawn the deposit he paid as part of the fulfillment of the conditions of appeal.
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