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S. K. LARKPLEKU
V.
TETTEH AGBENYEKE & 2 ORS.

(2023) JELR 110495 (CA)

Court of Appeal 8 Feb 2023 Ghana
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- The case involves a motion for relistment of an appeal that was struck out for non-compliance with Rule 18 (4) of C. I. 19. - The 1st defendant/appellant and the plaintiff/respondent have filed various affidavits and supplementary affidav

Case Details

Suit Number:H3/807/2022
Judges:Sowah, JA. (PRESIDING) Oppong, J.A Ackaah-Boafo, J.A.
Counsel:Foster Owusu with Yvonne Yaa Yalley for 1st Defendant/Appellant. Kwasi Austin for 2nd Defendant/Appellant. Savior Q. Kudze for Plaintiff/Respondent.
Location:Accra

SOWAH, J.A.:

We have reviewed and carefully considered the various affidavits and supplementary affidavits with their accompanying exhibits filed by the 1st defendant/appellant/applicant and the plaintiff/respondent/ respondent and have listened to the submissions of counsel both for and in opposition to the 1st defendant/appellant’s motion for relistment of his appeal which was struck out by this court on 30th March, 2022 for non-compliance under Rule 18 (4) of C. I. 19. 

We have also had the opportunity of looking at the Report furnished us by the Registrar as requested and the facts gleaned from all of the above is the three defendants/appellants filed separate appeals on various dates by different lawyers. The 2nd and 3rd defendants/appellants have no issues at this time with their appeals and the record shows that they have received their Record of Appeals.

The 1st defendant/appellant is said to be the grantor of 2nd defendant/appellant in respect of the disputed land.  A search rep…

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