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TOP KINGS ENTERPRISE LTD V. ADRAIN NII ODOI ODDOYE AND LETICIA NAAMI ODDOYE

(2022) JELR 109916 (CA)

Court of Appeal  •  H1/136/2021  •  10 Mar 2022  •  Ghana

Coram
SENYO DZAMEFE JA PRESIDING, P. BRIGHT MENSAH JA, JENNIFER DODOO JA

Judgement

BRIGHT MENSAH JA:

My Lords, two (2) important issues arise in the instant appeal for our active consideration.  The first is whether the 2 defendant being aggrieved with the judgment of the High Court [Land Division], Accra delivered 27/04/2018, took the necessary legal steps to appeal against the judgment to have the adverse decision overturned in his favour on appeal.  The second is the consequence of 3 defendant’s failure of, or default in filing written submissions in compliance with rule 20(1) of the Court of Appeal Rules [CI 19] after filing his notice of appeal.  Is it the case that the 3 defendant did not want to pursue his appeal or has abandoned it? These introductory remarks are against the backdrop of two purported notices of appeal on the docket; one from the 2 defendant and the other filed by the 3 defendant.  Significantly, the appeal by the 2 defendant has been called into question on the ground that it is not properly filed thus, this court cannot pronounce on it for l…

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