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Ruling: Foster-Sutton, P. This was a motion by the defendants-appellants asking for an extension of time within which to deposit the sum of £10 which the Registrar of the Land Court, Accra, acting under rule 16 (4) of the West African Court of Appeal Rules, 1950, had directed them to deposit within one month from the 11th August, 1953, to cover the estimated expense of making up and forwarding the recorded of appeal. -
The motion purported to be taken out under the provisions of section 8 of the West African Court of Appeal Ordinance and rule 35 of the Rules already referred to.
Mr. Akufo Addo, who appeared for the respondents, submitted that since the appeal has not been entered under rule 19 (2) of the Rules, this Court has no power to entertain the application because it is not yet seized of the proceedings under rule 25.
In our view rule 23 of the West African Court of Appeal Rules clearly applies to cases which have not yet been “entered “under rule 19 (2) of the Rules because the conditions imposed by the Registrar under rules 16 (4) and 17 of the Rules have not been complied with, and we are of the opinion that this Court has the power in a case such as this, under rule 23 (2), to extend the time within which a condition of appeal may be complied with if the justice of the case so requires.
The reasons for their failure to comply with the condition are fully set out in the affidavit filed by the appellants in support of the motion, and we are of the opinion that it would be unjust not to grant their application. We, therefore, grant the appellants a further four weeks from the date of this ruling to fulfil the condition in question. The respondents to have their costs on this motion fixed at £3 3s. 0d.
Coussey, J.A. I concur. Windsor-Aubrey J. I concur.
Time extended.