GH - NII LANTE LAMPTEY v. R. O. LAMPTEY & ORS

TORKORNOO (MRS.) JSC:-

The issue for resolution in this highest court arose only in the Court of Appeal. The Appellant herein was the plaintiff in the high court and appellant in the court of appeal and will be referred to as Plaintiff in this ruling. He originally sued two defendants in the high court. While the Plaintiff’s suit was pending against these two defendants, the 3rd Defendant/Respondent (hereinafter referred to as 3rd Defendant) applied to join and was joined to the high court suit with a counterclaim against the Plaintiff. A first trial was conducted between the Plaintiff and the first two defendants. The Plaintiff obtained judgment against them. In a later trial between the Plaintiff and 3rd Defendant, the 3rd Defendant obtained judgment against the Plaintiff on his counterclaim on 28th October 2016. This led to the Plaintiff filing an appeal against the judgment obtained by the 3rd Defendant on his counterclaim on 18thNovember 2016.

It was not till May 2018 that Form 6 was issued by the registrar of the court of appeal giving notice that the appeal records were ready for hearing. The records show that Form 6 was served personally on the Plaintiff on 16th May 2018, compelling the beginning of the run of time for the filing of his written submissions in support of the appeal in accordance with Rule 20 (1) of the Court of Appeal Rules 1997 CI 19. No submissions were filed by or on behalf of the Plaintiff within the three weeks required by Rule 20 (1)

In March 2019, the Registrar of the court of appeal issued a notice certifying to the court that the Plaintiff had not complied with the requirement of Rule 20 (1)and so Rule 20 (2) of CI 19as amended by the Court of Appeal (Amendment) Rules 1999, CI 25had been invoked. Along with a hearing notice for hearing of the appeal on 15th April 2019, the two documents were served on the Plaintiff’s counsel’s chambers through an employee of the chambers on 21st March 2019.

On the date fixed for the hearing of the Registrar’s certificate of non-compliance, the court of appeal duly recorded the appeal as struck out in accordance with Rule 20 (2)of CI 19as amended by CI 25 which reads:

Where the appellant does not file the statement of his case in accordance with sub-rule (1), the Registrar shall certify the failure to the Court by a certificate as in Form 11 A in Part 1 of the Schedule and the Court may upon that order the appeal to be struck out

The Plaintiff, acting per the same counsel he had filed

TORKORNOO (MRS.) JSC:-

The Plaintiff, acting per the same counsel he had filed

NII LANTE LAMPTEY v. R. O. LAMPTEY & ORS

Areas of Law