J U D G M E N T
ANIN YEBOAH, J.S.C:-
This is an appeal against the striking out of an appeal and failure to relist same by the Court of appeal. The facts which appear to be simple are that the appellant was a Co-defendant in a case which was heard before the High Court, Tema. The judgment in the case was delivered on 11/10/2001 and the appellant who felt aggrieved by the judgment filed an appeal on the 2/11/2001.
As enjoined by procedural rules of the court, the appellant and the respondent herein were invited by the registrar of the High Court to settle records for the appeal. The parties herein did not appear before the registrar of the Tema High Court on 21st of January 2005 to settle the records by themselves. The solicitor for the respondent, however, wrote a letter to the registrar and listed the documents and evidence which he wanted to constitute the record for the purposes of the appeal. The appellant’s solicitor sent a law clerk in the person of Benjamin Addey Tettey to rep…