NYARKO AND OTHERS V. LUTTERODT

ADADE J.S.C.: Adade J.S.C. delivered the ruling of the court. Civil motion 14/85 is an application to relist an appeal which was struck out by this court on 7 November 1983. Civil motion 15/85 is an application for a stay of execution of the High Court judgment dated 18 February 1982 from which the appeal was lodged. Both applications are made by the defendant-appellants. The two applications were argued together.

On 7 November 1983 this court (coram Apaloo C.J., Edward Wiredu and Osei-Hwere JJ.A.) struck out, for want of prosecution, an appeal by the defendants against a judgment of the High Court, Accra dated 18 February 1982. None of the three appellants (two defendants and co-defendant) was in court on that day. The second defendant says she had travelled to Nigeria. It seems that the first defendant and the co-defendant are, so to speak, sleeping partners; they are not served with process. However, the second defendant claims to have authority from them to act on their behalf.

On t…