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SAM V. NOAH AND OTHERS

(1992) JELR 68102 (SC)

Supreme Court  •  14 Jul 1992  •  Ghana

Coram
WUAKU JSC, AMUA-SEKYI JSC, OSEI-HWERE JSC, BAMFORD-ADDO JSC, HAYFRON-BENJAMIN JSC

Judgement

WUAKU JSC. This is an application by the defendants pursuant to CI 13 rule 9(3) and (4) praying for an order re-listing or restoring to the list their appeal which was dismissed on the 13th day of November 1989, and also asking for extension of time within which to fulfil the conditions of appeal imposed on them. The judgment of the Court of Appeal is dated 28/7/88. In a supporting affidavit to the application, the lst defendant for himself and on behalf of the other two defendants had deposed that immediately after the Appeal Court gave judgment against them, they instructed their lawyer, one Mr J Ofori to lodge an appeal on their behalf.

The affidavit evidence shows that the said Mr J Ofori, as well as the respondent, and his counsel attended the settlement of record. By 13 November 1989, the conditions of appeal imposed had not been complied with resulting in the dismissal of the appeal.

Giving their reasons for the non-compliance, the applicants allege that they are illiterates, and…

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