JUDGMENT
KULENDI, JSC
INTRODUCTION
We have before us, an appeal from the decision of the Court of Appeal (Civil Division), Accra dated 11th February, 2019 re-listing an appeal filed by the Respondent which was earlier struck out for want of prosecution on 7th November, 2018.
BACKGROUND
Following the judgment of the trial High Court, Tema, presided over by Avril Lovelace Johnson, JA, sitting as an additional High Court Judge, dated 28th May, 2015, the Respondent herein filed an appeal to the Court of Appeal. The Parties filed their written submissions in respect of the Appeal and hearing of the appeal was fixed for 7th November, 2018. On the said date, both the Respondent and his Counsel were absent from Court and the Appeal was consequently struck out for want of prosecution by the Court of Appeal.
Subsequently, the Respondent filed an application to re-list the Appeal and this application was granted on 11th February, 2019. Aggrieved by the decision of the Court of Appeal to re-list the…