Korkei Bota & Ors V. Florence Koshie Plange (1954)

Appeals in Civil Cases—Extension oftime for depositing moneyfor the record—W.A.C.A. Rules, 1950, rule 16 (4), rule 23 (2).

Facts

The Registrar of the Court below, acting under rule 16 (4), directed the appellants to deposit money within a certain time to cover the estimated cost of the record; they failed to do so, and applied to the Court of Appeal for an extension of the time, to which the respondents objected that the Court had no power to entertain the application.

Rule 23 (2) provides that:—
“If the respondent alleges that the appellant has failed to comply with a part of the requirements of rule 12 (which relates to the notice and grounds of appeal), 16 (4) (which relates to the deposit aforesaid) or 17 (which relates to security for the costs of appeal) the Court, if satisfied that the appellant has so failed, may dismiss the appeal for want of due prosecution or make such other order as the justice of the case may require.”
(Note: The words in brackets are insertions by the Editor.)

Held

That there was power under rule 23 (2) to extend the time.

Time extended.