AZU CRABBE J.A.: This appeal arises from the ruling of Koranteng-Addow J. at the High Court, Tamale, upon a preliminary issue in an election petition filed by the petitioner-respondent (hereinafter referred to as the petitioner) against the respondent-appellant (hereinafter referred to as the respondent).
The facts of this case are very simple and undisputed. The petitioner, who was the losing candidate in the last general election held at the Navrongo constituency on 29 August 1969, filed an election petition in the High Court, Tamale, against the respondent on 10 October 1969. This petition was filed without any deposit for the security for costs. Later the same day, however, the solicitor for the petitioner, Mr. Ibrahim Mahama, called the registrar of the High Court, Tamale (Mr. J. J. Clement), by telephone from Accra and told him that he intended to send by telegraphic transfer money as security for costs in the election petition which he had caused to be filed on the petitioner’s …