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(1976) JELR 69715 (HC)

High Court  •  22 Jan 1976  •  Ghana



QUASHIE-SAM J.: The plaintiff sued the defendants for title to a coconut plantation and damages for trespass. On 1 April 1975 the District Court Grade II, Prestea, gave judgment for the plaintiff. On 9 April 1975 a notice of appeal was filed which gave notice that the defendants being dissatisfied with the decision of the District Court Grade II, Prestea, contained in the judgment of Mr. S. S. Adani and dated 1 April 1975 intended to appeal to the High Court, Sekondi. This notice of appeal was marked and thumbprinted by only the second defendant under whose execution were inscribed the words: “for and on behalf of the first defendant or appellant.”

When the appeal came to be heard on 10 December 1975, learned counsel for the plaintiff, referring to the notice of intention to appeal, observed that both defendants as intending appellants should have signed the notice of appeal. He submitted, as a preliminary objection, that the second defendant, Nuho Zabrama, having alone signed or thumb…

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