ZAIN COMMUNICATIONS GH. LTD
V.
FRANCIS G. AMPRATWUM

(2012) JELR 63619 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/68/2011 ·  31 May 2012 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING), F.G. KORBIEH J.A., IRENE C. DANQUAH (MS.) J.A.
Core Terms Beta
defendant
plaintiff
court
trial court
trial
high court
learned trial judge
general damages
civil procedure
notice of appeal
absence of the defendant
declaration of title
writ of summons
ln 140a
main market
counter-claim
return date
supreme court
amended writ of summons
body corporate
entire concept of justice
face of his failure
following reliefs
response of the respondent
analogous provision
behalf of the defendant
brief facts of the case
case of morkor v
defendant fails
defendant’s service address
different awards
facts of this case
following grounds
following issues
following reasons
hearing of an application
judgment of the trial court
judgment set
leave of the court
legal arguments
main difference
next adjourned date
oral evidence
plaintiff’s earlier application
plaintiff’s writ
presence of counsel
said zain communications
special damages of gh
supervision of the market development committee

JUDGEMENT

F.G. KORBIEH, J.A.

It may be recalled that this appeal was slated for judgment on the 27/4/2012 but the judgement did not come on because the Court wanted to be satisfied on the issue: whether or not the notice of appeal filed on the 19/11/2010 appealing against the judgment delivered on the 9/7/2010 without leave of the Court is properly before the court. The Court therefore directed the parties and/or their counsel to file supplementary written addresses to bespeak that matter. The Court subsequently received the supplementary written addresses from both sides. It was argued for and on behalf of the defendant/appellant that the notice of appeal filed on the 19/11/2010 was proper and not out of time because of the following reasons: the judgment delivered on the 9/7/2010 was delivered in the absence of the defendant/appellant. Order 36 rule 2(1) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) provides that a judge may set aside or vary, on such terms as are just, a …

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