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KORKEI BOTA AND OTHERS
V.
FLORENCE KOSHIE PLANGE AND OTHERS
THE WEST AFRICAN COURT OF APPEAL, HOLDEN AT ACCRA, GOLD COAST
11TH DAY OF JUNE, 1954
2PLR/1954/49 (WACA)
OTHER CITATION(S)
2PLR/1954/49 (WACA)
(1954) XIV WACA PP. 565-566
LEX (1954) – XIV WACA 565-566
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BEFORE THEIR LORDSHIPS:
FOSTER-SUTTON, P.
COUSSEY, J.A.
WINDSOR-AUBREY, J.
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BETWEEN
1. KORKEI BOTA
2. ADJELEY BARNOR
3. J. F. PLANGE – Appellants
AND
1. FLORENCE KOSHIE PLANGE
2. ADELAIDE NYANCH GBEDEMAH (NEE PLANGE)
3. REUBEN BART PLANGE – Respondents
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ORIGINATING MATTER/COURT
Motion by appellants to extend the time for depositing money to cover the cost of the record: No. 18/54.
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REPRESENTATION
Bossman — for Appellants-Applicants
Akufo Addo opposing — for the Respondents
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
NA
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PRACTICE AND PROCEDURE ISSUE(S)
APPEAL:- Appeals in Civil Cases – Extension of time for depositing money for the record – W.A.C.A. Rules, 1950, rule 16 (4), rule 23 (2)
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CASE SUMMARY
The Registrar of the Court below, acting under rule 16(4), directed the appellants to deposit money within a certain time to cover the estimated cost of the record; they failed to do so, and applied to the Court of Appeal for an extension of the time, to which the respondents objected that the Court had no power to entertain the application.
Rule 23(2) provides that:-
“If the respondent alleges that the appellant has failed to comply with a part of the requirements of rule 12 (which relates to the notice and grounds of appeal), 16(4) (which relates to the deposit aforesaid) or 11 (which relates to security for the costs of appeal) the Court, if satisfied that the appellant has so failed, may dismiss the appeal for want of due prosecution or make such other order as the justice of the case may require.”
(Note: The words in brackets are insertions by the Editor)
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held that:
1. That there was power under rule 23(2) of the West African Court of Appeal Rules, 1950 to extend the time.
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MAIN JUDGMENT
FOSTER-SUTTON, P.
This was a motion by the defendants-appellants asking for an extension of time within which to deposit the sum of £10 which the Registrar of the Land Court, Accra, acting under rule 16(4) of the West African Court of Appeal Rules, 1950, had directed them to deposit within one month from the 11th August, 1953, to cover the estimated expense of making up and forwarding the record of appeal.
The motion purported to be taken out under the provisions of section 8 of the West African Court of Appeal Ordinance and rule 35 of the Rules already referred to.
Mr. Akufo Addo, who appeared for the respondents, submitted that since the appeal has not been entered under rule 19(2) of the Rules, this Court has no power to entertain the application because it is not yet seized of the proceedings under rule 25.
In our view rule 23 of the West African Court of Appeal Rules clearly applies to cases which have not yet been “entered” under rule 19(2) of the Rules because the conditions imposed by the Registrar under rules 16(4) and 17 of the Rules have not been complied with, and we are of the opinion that this Court has the power in a case such as this, under rule 23(2), to extend the time within which a condition of appeal may be complied with if the justice of the case so requires,
The reasons for their failure to comply with the condition are fully set out in the affidavit filed by the appellants in support of the motion, and we are of the opinion that it would be unjust not to grant their application. We, therefore, grant the appellants a further four weeks from the date of this ruling to fulfil the condition in question. The respondents to have their costs on this motion fixed at £3 3s. 0d.
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COUSSEY, J. A.
I concur.
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WINDSOR-AUBREY, J.
I concur.
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Time extended.
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