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MERAH
V.
OKRAH

(1985) JELR 66173 (CA)

Court of Appeal 30 Jan 1985 Ghana
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- The case involves an appeal to the Court of Appeal that was not properly filed and did not fulfill the conditions of appeal. - The appellant failed to deposit the required amount of money to cover the cost of preparing the record of appea

Case Details

Judges:ADADE J.S.C,MENSA BOISON JA,OSEI-HWERE J.A
Counsel:E. D. KOM FOR THE APPELLANT; RESPONDENT IN PERSON.

ADADE J.S.C.: Section 10 (7) of the Courts Act, 1971 (Act 372) stipulates that:

“7. The Court of Appeal shall not entertain any appeal unless the appellant has fulfilled all the conditions [of appeal] prescribed by the Rules of Court.”

(The emphasis is ours.) The said conditions of appeal require, inter alia, that the appellant shall file a notice of appeal within the prescribed time as provided by rule 10 of the Supreme Court Rules, 1962 (L.I. 218), and, in addition, fulfil the conditions imposed by the registrar of the trial court at the time of settling the record of appeal, viz:

“(a) that the appellant shall as provided by L.I. 218, r. 12 (4) ‘deposit ... a sum ... to cover the estimated expense of making up and forwarding the record of appeal ...’and in addition,

(b) in compliance with L.I. 218, r. 13 deposit such sum . . . or give security therefore by signing a bond . . . for the due prosecution of the appeal and for the payment of any costs which may be ordered to be paid by the …

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