S.K Larkpela -vrs- Tetteh Agbenyeke & 2 Others [2022] GHACA 42 (8 February 2022)

IN THE SUPERIOR COURT OF JUDICATURE IN THE COURT OF APPEAL ACCRA-GHANA CORAM: Sowah, JA. (PRESIDING) Oppong, J. A Ackaah-Boafo, J. A. SUIT NO: H3/807/2022 8th February, 2023 S. K. Larkpleku ______ Plaintiffs/Respondent Vrs. Tetteh Agbenyeke & 2 Ors. ______ Defendants/Appellants ____________________________________________________________ ____________________________________________________________ RULING SOWAH, J. A.: We have reviewed and carefully considered the various affidavits and supplementary affidavits with their accompanying exhibits filed by the 1st defendant/appellant/applicant and the plaintiff/respondent/ respondent and have listened to the submissions of counsel both for and in opposition to the 1st defendant/appellant’s motion for relistment of his appeal which was struck out by this court on 30th March, 2022 for non-compliance under Rule 18 (4) of C. I. 19. We have also had the opportunity of looking at the Report furnished us by the Registrar as requested and the facts gleaned from all of the above is the three defendants/appellants filed separate appeals on various dates by different lawyers. The 2nd and 3rd defendants/appellants have no issues at this time with their appeals and the record shows that they have received their Record of Appeals. The 1st defendant/appellant is said to be the grantor of 2nd defendant/appellant in respect of the disputed land. A search report exhibit AKL 1 explains that Mr. Amarteifio, lawyer for 2nd defendant/appellant paid the condition meant for 1st defendant/appellalnt on 18th March, 2020. This fact was however not placed on the record. Thus, a search conducted by the plaintiff/respondent on 12th December, 2022 indicates that the 1st defendant/appellant has not fulfilled conditions of appeal. We find the explanation of 1st defendant reasonable, namely, that 2nd defendant who is his grantee paid on his behalf. The fact that Exhibit “AKL1” states that there are no outstanding payments in respect of appeal conditions as well as 1st defendant’s name on the receipt for payment for ¢10,849.00 and the uncontested fact that the 1st defendant has also received his copy of the Record of Appeal buttresses our conclusion that the Registrar summons to the 1st defendant/appellant for non-compliance under Rule 18 (4) was issued in error. It is obvious to us that all the confusion emanates from the Registry of the High Court. Accordingly, the Appeal of the 1st defendant/appellant which was filed on 26th November, 2019 but struck out on 30th March, 2022 is hereby restored to the list. Appeal will take its normal course. The 1st defendant/appellant has twenty-one (21) days within which to file his written submission. (Sgd.) CECILIA H. SOWAH [JUSTICE OF APPEAL] Oppong, (J. A.) I agree ANTHONY OPPONG [JUSTICE OF APPEAL] (Sgd.) Ackaah-Boafo, (J. A.) I also agree KWEKU TAWIAH ACKAAH-BOAFO (Sgd.) [JUSTICE OF APPEAL] COUNSEL:  Foster Owusu with Yvonne Yaa Yalley for 1st Defendant/Appellant  Kwasi Austin for 2nd Defendant/Appellant  Savior Q. Kudze for Plaintiff/Respondent 4