JUDGMENT
PWAMANG JSC:
The Plaintiffs/ Respondents/ Appellants (the plaintiffs) took out a writ of summons in the High Court against the Defendant/ Appellant/ Respondent (the defendant) in 2016 and claimed for damages for the wrongful death of their husband and son whilst he was engaged in underground mining for the Defendant. The Plaintiffs obtained judgement in their favour and the Defendant appealed to the Court of appeal.
It appears from the record that after fulfilling the conditions of the appeal the defendant went to sleep and it took the plaintiffs to follow up at the registry of the High Court for the Record of Appeal (ROA) to be compiled and transmitted to the Court of Appeal. The record was transmitted and Form 6 served on the defendant on 23rd January, 2020. The defendant took no step to file its written submissions within 21 days as required by the Court of Appeal Rules, 1998 (C.I.19). Accordingly, the registrar of the Court of Appeal issued a certificate of non-compliance of…