DAASEBRE NANA OSEI BONSU II @ ST. OSWALD GYIMA KESSIE V. AKWASI MENSAH & 3 ORS

DOTSE, JA

By a notice of motion filed on 8-6-05, the Defendants/Applicants, hereinafter referred to as Applicants, seek an extension of time pursuant to Rule 20(4) of the Court of Appeal Rules, 1997, C.I. 19 as amended by C.I.21 to enable them file their written submission of case in answer to the Plaintiff/Respondents, hereinafter referred to as Respondent's written submission of case.

The basis of the Applicants instant application has its genesis in a Ruling delivered by this court on 26-5-05, Civil Motion No. H1/131/05. By that Ruling, this court held that the notice of intention to rely on preliminary objection filed by the applicants was premature and accordingly dismissed same.

By ordinary computation of time, and this has been so held in the Ruling of 26-05-05, the time available for the Applicants to have filed their written statement of ease lapsed on 7-03-05. However, before the expiry of that date, the Applicants on 2-305 filed the notice of intention to rely on preliminary l…