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IN RE YENDI SKIN AFFAIRS; ANDANI V. ABUDULAI

(1983) JELR 67993 (SC)

Supreme Court  •  29 Mar 1983  •  Ghana

Coram
APALOO C.J.,SOWAH JSC,ADADE JSC,TAYLOR J.S.C,FRANCOIS J.A.

Judgement

ADADE J.S.C.

This is an application by the appellant herein, Ya Na Yakubu Andani II, Paramount Chief of the Dagomba Traditional Area, asking the court to restore to the list an appeal which was deemed to have been struck out, under rule 13 (2) of the Supreme Court Rules, 1970 (CI 13). The background to this application is fairly straightforward. On 10 July 1981, the said Ya Na Yakubu Andani II (hereinafter referred to simply as the appellant) filed an appeal against a ruling of the Court of Appeal dated 16 April 1981: see In re Yendi Skin Affairs; Andani v. Abudulai [1981 G.L.R. 283, C.A. The record of appeal was settled and transmitted to the Supreme Court. On 26 April 1982, the appellant, at Yendi, received a notice from the registrar of this court that this appeal had been struck out under rule 13 (2) of CI 13. The said rule reads:

“2. Where the appellant does not file the statement of his case in accordance with the provisions of the preceding sub-rule the appeal shall be deemed to …

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