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ISHAQA MARTEY & 4 ORS. V. SHEIK ADAM MOHAMMED APEATU

(2004) JELR 68363 (SC)

Supreme Court  •  CIVIL APPEAL NO. J.4./4/2004  •  16 Jun 2004  •  Ghana

Coram
BROBBEY J.S.C. (PRESIDING), DR. DATE-BAH J.S.C., ANSAH J.S.C., ADINYIRA J.S.C., BAFFOE-BONNIE J.S.C.

Judgement

MRS. WOOD, J.S.C.

On the 31st of August, 1998, the Respondent appealed against the decision of the High Court, Kumasi dated the 12th of August, 1998.

The appeal was however, struck out by the Court of Appeal on the 30th April, 2002 upon a registrars summons, for non-compliance with the rule 20(1) of the Court of Appeal Rules 1997, C.I. 19, namely, failing to file a written submission of case within the time stipulated under the rules.

Subsequently, on the 6th of May, 2002, he then filed a motion supported by an affidavit, in which he prayed that Court to relist the appeal. The Court unanimously granted the application and restored the appeal to the cause list for hearing on the merits.

Dissatisfied with the grant of the order of relistment, the Appellant has appealed to us on the sole ground that

"The ruling is unreasonable and cannot be supported having regard to the affidavit evidence on the record."

Appellant's counsel's complaint against the exercise of the Court's discretionary jurisdiā€¦

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