1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1.The following facts of recognition do not conflict between the Parties or are clear of the records:

On February 9, 2015, the Plaintiff filed a lawsuit against the Defendant and the co-defendant C of the first instance trial as the District Court 2015 Ghana3291. On March 31, 2015, the Plaintiff revised the Defendant’s address to “government-si D” according to an order to rectify the address issued by the court of first instance on March 25, 2015.

B. On April 3, 2015, the court of first instance served a copy of the complaint and a guide of lawsuit at the Defendant’s address. On April 9, 2015, the Defendant received it at the above address.

C. After that, the court of first instance served a notice of the date of pleading on July 8, 2015 at the Defendant’s above address, but was unable to serve on July 15, 2015 due to the absence of closure.

On July 20, 2015, the court of first instance sent the notice of the date of pleading. D.

On August 31, 2015, the court of first instance rendered a judgment after closing the pleadings with the Defendant’s absence. On September 8, 2015, the original copy of the judgment was served to the Defendant’s address. However, it was impossible to serve the original copy due to the lack of closure on September 14, 2015.

On September 17, 2015, the court of first instance ordered the defendant to serve by public notice, and the service by public notice became effective on October 2, 2015.

E. On January 14, 2016, the Defendant submitted the instant written appeal for subsequent completion to the court of first instance, which had been limited to two weeks from the time when the service by public notice became effective.

2. Whether a subsequent appeal is lawful;

A. Although the court of first instance, on October 2, 2015, of the Defendant’s assertion, served an original copy of the judgment on the Defendant and served by public notice on October 2, 2015, the Defendant became aware of the fact that the first instance court received the original copy of the judgment from January 14, 2016 and was sentenced to the judgment of the first instance court.

Therefore, since the defendant could not comply with the appeal period due to reasons not attributable to himself, the appeal of this case is lawful.

B. The "reasons for which a party cannot be held liable" under Article 173 (1) of the Civil Procedure Act refers to the party's procedural acts.