MENSAH AND OTHERS v. ADU AND OTHERS

JUDGMENT OF AZU CRABBE J.S.C.

This appeal raises a short point, but important questions of general interest. The plaintiffs in this case were the respondents and co-respondents and the defendants were the appellants m the case entitled:

"1. GEORGE MENSAH,

2. S. K. DABIE,

3. KOJO ADIYIA, all of Duayaw-Nkwanta, Plaintiffs-appellants

v.

1. J. H. ADU alias

NANA ADU KWABENA of the

Presbyterian Primary School,

Bekwai,

2. A. S. AKOM of Drumo Road, Duayaw-Nkwanta, Defendant-respondent NANA SAKYI AMANADO II, Omanhene of Duayaw-Nkwanta State Co-defendant-respondent.”

On 22 March 1965, the Supreme Court at the time reversed the decision of the High Court, Cape Coast, in that case. The unanimous judgment of the court, read by Ollennu J.S.C. (as he then was) was concluded as follows (only the relevant portions are produced):

[p.221]

"For the reasons given above, the appeal is allowed, the judgment of the court below is set aside including the order as to costs, any costs paid to be refunded . . .

The appellants will have their costs in this court against the first two respondents, J. H. Adu and A. S. Akom, fixed at £G98 6s. and against the second respondent, Nana Sakyi Amanado II, fixed at £G49 3s.; they will also have their costs in the court below assessed as follows: against the first two respondents 150 guineas and against the second respondent 100 guineas. Court below to carry out."

An order made by the presiding judge, Mills-Odoi J.S.C., was formally drawn up and certified by the registrar of the Supreme Court. The relevant portions of this order, as drawn up, were in these terms:

"The appeal is allowed. The judgment of the court below is set aside including the order to costs, any costs paid to be refunded. For the judgment of the High Court the following is substituted: ...

The appellants will have their costs in this court against the first two respondents, J. H. Adu and A. S. Akom, fixed at £G98 6s. and against the second respondent, Nana Sakyi Amanado II, fixed at £G49 3s.; they will also have their costs in the court below assessed as follows: against the first two respondents 150 (one hundred and fifty) guineas and against the second respondent 100 (one hundred) guineas. Other costs in the court below to be taxed.

Court below to carry out.

GIVEN UNDER MY HAND AND THE SEAL OF THE COURT THIS 22ND DAY OF MARCH, 1965.

(Sgd.) C. A. Amui.

Registrar, Supreme Court."

It is apparent that, except for the words "Other costs in the court be