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AKUESON V. FRED ASHIE AND CO. LTD.

(1989) JELR 68224 (SC)

Supreme Court  •  21 Oct 1989  •  Ghana

Coram
ARYEE AG. J.

Judgement

ARYEE AG. J.: This is an application for enlargement of time within which to appeal against the judgment delivered against the defendant by Osei-Hwere J.A. sitting as an additional High Court judge, dated 18 September 1987.

The grounds stated in the supporting affidavit are that:

“3. Neither my counsel nor I was present when judgment was delivered. 4. Neither my counsel nor I was notified of the judgment date. 5. Neither my counsel nor I have since the said judgment date been served with any formal notice of the said judgment. 6. That judgment was delivered during the High Court’s legal vacation and at a time when the court should not have been sitting. 7. That a search conducted on 18 December 1987 shows that the only notification of judgment was by posting on the High Court notice board on 25 November 1987.”

The defendant (hereafter called the applicant) said further that he did not see the said High Court notice board posting, and so did not know of the judgment until he was hinted of…

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