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Take Notice that pursuant to leave obtained on the 4th April, 1916, upon application on behalf of Plaintiffs for Conditional leave to appeal from the Judgment of 3rd April, 1916 delivered herein, and that in the meantime the estate be allowed to remain in the hands of the Official Administrator pending the hearing of appeal : 14 days:
The Court granted the application as prayed, with liberty to apply within
Further take notice that Notice of Appeal is hereby given to you: Dated at Accra the 6th day of April, 1916 :
PET. AW. RENNER, Solicitor for Appellant Plaintiff.
To the Chief Registrar,
Victoriaborg, Accra.
As SET OUT IN THE FOLLOWING AFFIDAVIT:-
IN THE SUPREME COURT OF THE GOLD COAST COLONY, EASTERN PROVINCE.
R. S. SACKEY & ORS.
VERSUS
H. B. OKANTAH.
I SETH RICHARD ROBERTSON ADDO of Accra make Oath and say as follows:-
1. That on the 12th day of April, 1916, at Accra I served upon the abovenamed Defendant Respondent H. B. Okantah a Notice of Appeal true copy whereof is hereunto annexed marked "A" by delivery the same personally to the said H. B. Okantah at Accra aforesaid.
2. Before the day I served the said Notice of Appeal on the said H. B. Okantah, I knew the said H. B. Okantah personally.
Sworn at Victoriaborg, Accra
this 26th day of April, 1916.
S. R. ROBERTSON ADDO.
Before me,
N. J. NUNO,
Commissioner for Oaths.
Filed 29/4/16.
T. L.
for C.R.
For the Respondent it was contended that this notice is bad, mainly, it would appear from the argument, in that it is not addressed to the Respondent but to the Chief Registrar and that a notice to be good within the Ordinance should be a written Notice addressed to the Respondent himself. In reply to myself Counsel for the Respondent went so far as to contend that, had the notice been in blank, instead of being addressed to the Chief Registrar, it would still have been bad.
Abiew v. Ewusie, page 764 Renner's Gold Coast Reports was relied upon by Respondent.