IRENE CHARITY LARBI J.A.
(1) This is an application filed by the Attorney-General for and on behalf of the Defendants/Appellants/Applicants praying this Court for an order to re-list and restore the appeal that was struck out on 17th June, 2015 for non-compliance with Rule 20(1) of C.I.19.
(2) The uncontentious facts are that on 23rd January, 2012 the High Court gave judgment on admissions in favour of the Plaintiff.
The Applicants herein dissatisfied with the said judgment by a Notice of Appeal filed on 27th February, 2012 on the sole ground that “the Appellants have fresh evidence which was not available to the Defendants at the time of judgment”, sought by way of relief for an order to set aside the judgment and an order for re-trial.
(3) On 19th February, 2015 the Registrar of the High Court issued Civil Form 6 notifying the parties of the dispatch of the record to the Registrar of the Court of Appeal. The Applicants were unable to file their written submission within the time stipula…