IN THE SUPERIOR COURT OF JUDICATURE
IN THE COURT OF APPEAL
CAPE COAST - A.D 2017
EBUSUAPANYIN KWESI ACKON - (Plaintiff/Appellant)
KIERTEY AKPEY COURNOOH, ALEX COURNOOH, FRANK COURNOOH AND ROSEMOND COURNOOH -(Defendants/Respondents)
DATE: 30TH OCTOBER, 2017
CIVIL APPEAL NO: H1/6/17
JUDGES: HONYENUGA JA (PRESIDING), GYAN J.A, SUURBAAREH JA
MR. KOFI LAMPTEY FOR THE PLAINTIFF/RESPONDENT
MR. AMPONSAH DADZIE FOR THE DEFENDANT/APPELLANT
A perusal of the record of appeal exposes a lot of difficulties with the record which make it difficult to proceed to write a judgment in the case. One major issue is reflected on pages 73 and 125a of the record of appeal. Wherein it is recorded that upon the application, counsel for the plaintiff urged the court to expunge the evidence of the plaintiff’s Attorney which was duly expunged. Page 73 of the record of appeal shows that the proceedings of that date was dated 5/4/04 and that was after the order expunging the record. After the Attorney’s evidence, the case was adjourned to 16/4/04. Page 125a shows that the proceedings for that day was dated 5/4/05 and shows further that after plaintiff’s Attorney’s evidence was expunged, the case was adjourned to 16/4/04. From the record of appeal it would appear that before the order recorded on page 73 expunging the evidence of the plaintiff’s Attorney, there was no recorded evidence of the plaintiff\s Attorney during the trial.
The record rather shows that the plaintiff’s Attorney begun his evidence on 11th November 2004 which is recorded on page 93 of record of appeal. The evidence of the plaintiff’s Attorney ended with re-examination on page 101 of record of appeal and the matter was adjourned to 23/01/05 for continuation. Page 104 indicated that PW1 begun his evidence-in-chief on 16/2/05 and cross-examination begun and continued on 21/2/05 at page 107-109. Meanwhile, on page 295 of the judgment, the learned trial judge indicated that the plaintiff never called any witness. After the expunging of the evidence on page 125a, there is no indication of the plaintiff nor his Attorney having given evidence before the defendants gave evidence and the case was adjourned for judgment. In the circumstances, it would be difficult for us to proceed to write a judgment in the midst of these apparent serious omission which needs further inquiry or investigation. We would in the circumstances remit the record of appeal to the trial Circuit Court.
We direct both counsel to cooperate with the Registrar of the trial court to reconcile the entries in the Record Book and the record of appeal and to come out with a record that reflects the proceedings at the trial court. The appeal is hereby adjourned sine die.
S. K. GYAN, J.A. I agree S. K. GYAN
(JUSTICE OF APPEAL)
G. S. SUURBAAREH, J. A. I also agree G. S. SUURBAAREH
(JUSTICE OF APPEAL)