GBEWAA CIVIL ENGINEERS
V.
MENSAH

(1999) JELR 69523 (CA)    
Court of Appeal  ·  1 Apr 1999 ·  Ghana
 · 
Other Citations
[1999-2000] 1 GLR 637
CORAM
SAPONG JA,ESSILFIE-BONDZIE JA,AFREH JA
Core Terms Beta
court
respondent
statement of case
ci
rule
submission
appeal
appellants
order
answer
application
belated written submission
discretion
parties
party
terms
weeks
written submission
written submission of his case
above provision
aid of the court
appropriate case
bowar cj
case of cropper v smith
conduct
copy of the appellants
counsel
court of appeal rule
facts
inherent jurisdiction
instant complaint
justice
kind of error
mistakes
motion paper
object of the courts
only rule
power of the court
principle
provision
real question
record
record shows
right of the parties
search
sight of the fact
solicitor of the appellant
sort of sanction
view

JUDGMENT

ESSILFIE-BONDZIE JA.

On 11 May 1998 this court ordered the parties to this appeal to comply with rule 20 of the Court of Appeal Rule, 1997 (CI 19). On 1 June 1998 the appellant in compliance with the order filed their statement of case. The record shows that the respondent failed to file his written submission in answer to the appellants’ written submission within three weeks as required by rule 20 (4) of CI 19. As a search conducted by the solicitor of the appellant’s reveals, the respondent was served with a copy of the appellants’ statement of case on 4 July 1998. But the respondent failed to file his statement of case within three weeks. He filed it on 8 January 1999. That is out of time by six months.

The application before us is a prayer for an order striking out or expunging the statement of case filed on behalf of the respondent. Learned counsel for the appellants has not indicated on his motion paper the rule under which he is invoking the power of the court. I have car…

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