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CHARLES D. F. JRATEH, SR. and CHARLES D. F. JRATEH, JR. et al., Appellants, v. MOMAMMED D. JALLOH, by and thru his Attorney-In-Fact, MOHAMMED JALLOH and the heirs of the late SOLOMON B. MENSAH, represented by EDWIN D. WALKER and HANNAH A. HOLDER, Appellees.

JUDGMENT WITHOUT OPINION

Decided July 27, 1995.

When this case was called, Counsellor M. Kron Yangbe appeared for the appellee. The counsel for appellant did not appear.

 

Counsel for appellee requested the Court to grant him leave to argue his side of the case, the notice of assignment and returns thereto having shown that counsel for the appellant had acknowledged the service of the notice of assignment. Leave was granted.

 

In his argument, counsel for appellee brought to the Court’s attention that the appellant had failed to file an approved appeal bond and to serve a notice of the completion of appeal within the sixty (60) days provided by statute, noting that the final judgment was rendered on the 24 th day of November, 1994. He therefore prayed for dismissal of the appeal.

 

This Court, having reviewed the appellee’s motion and being convinced of its soundness, it is hereby adjudged that the motion to dismiss the appeal is hereby granted. The Clerk of this Court is hereby ordered to send a mandate to the lower court directing the judge presiding therein to resume jurisdiction over the case and enforce its judgment.
NOTE: His Honour E. Winfred Smallwood, Associate Justice, Supreme

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Categories: 1995