GRANVILLE SHARP J.A.: The question that arises for determination in this appeal involves the interpretation to be placed upon Order 39 of the Rules of the High Court and the rules made under the order. It comes before us on appeal (a) from a judgment of Acolatse, J. dated the 21st December, 1957 and (b) from a ruling of the same judge dated the 31st October, 1959. The argument placed before us by Mr. Bentsi-Enchill for the appellant—the plaintiff in the suit—expressed succinctly, is
(a) That by his ruling of the 31st October, 1959 the learned judge granted a review of his earlier final judgment by confirming it,
(b) That, therefore, if the ruling is set aside on appeal, the earlier judgment may also be set aside, if it should appear that on the merits of the case it was erroneous, and
(c) That in any event the time for appealing against the judgment of the 21st December, 1957 begins to run only from the 31st October, 1959, because it was then that the learned judge confirmed it, so as to…