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November 14, 2014
SUPREME COURT
GHANA
CORAM
RULING
BENIN, JSC:-
On June 6 2013, the Court of Appeal gave judgment in this action against the Defendants/Appellants/Appellants/Respondents who are hereafter described as the appellants/respondents and in favour of the Plaintiff/Respondent/Respondent/Applicant who is hereafter described as the respondent/applicant. The facts in that action are not relevant to recount in this application which is for an order directed at the appellants/respondents to provide bank guarantee pending the hearing and determination of their appeal to this court, as ordered by the Court of Appeal in an earlier decision. What matters is that the losing party filed an appeal against the Court of Appeal judgment to this court. In view of what transpired in court when counsel for the respondent/applicant sought to argue the present application, it has become necessary to dispose of some preliminary but fundamental procedural matters before proceeding to consider the application.
In order to appreciate the preliminary issue/s it is necessary to reproduce material parts of the Notice of Appeal here for their full force and effect. They provide thus:
‘PLEASE TAKE NOTICE that the Defendants/Appellants/Appellants herein being dissatisfied with and aggrieved by the judgment dated 6th June 2013 delivered by the Court of Appeal……….DO HEREBY appeal to the Supreme Court upon the grounds set out in paragraph 2 hereof and will at the hearing of the appeal seek the reliefs set out in paragraph 3 hereof.
PART OF THE JUDGMENT AND RULING COMPLAINED OF……….
GROUNDS OF APPEAL………………….
RELIEF SOUGHT FROM THE SUPREME COURT…………
THE ADDRESS FOR SERVICE OF THE APPELLANT KUENYEHIA & NUTSUKPUI Legal Practitioners & Notaries No. 35, Labone Crescent Labone. Accra
PERSON DIRECTLY AFFECTED BY THE APPEAL ALLIANCE MARINE SERVICES LTD. c/o 10497 Town & Country Way, Suite 310 Houston. Texas.
It was signed by the appellants/respondents’ lawyers, mentioned in paragraph 4 of the notice of appeal, supra.
Subsequent to the filing of the notice of appeal, a Form 6 was issued and the appellants/respondents’ copy was served on their aforementioned lawyers. Apart from the Form 6 the application on notice was also caused to be served on the appellants/respondents per their lawyers mentioned in paragraph 4 of the Notice of Appeal, supra. At the hearing of the application on 6th November 2014 Mr. Nutsukpui, one of the lawyers in the law firm KUENYEHIA AND NUTSUKPUI who had filed the appeal for and on behalf of the ap
AI Generated Summary
Justice A. A. Benin, J.S.C., sitting as a single Justice of the Ghana Supreme Court, addressed a procedural objection and an interlocutory application in an appeal stemming from a Court of Appeal judgment dated June 6, 2013. The respondent/applicant sought enforcement of the Court of Appeal’s prior order requiring the appellants/respondents to furnish a bank guarantee pending the Supreme Court’s determination of their appeal. The appellants’ solicitors, KUENYEHIA & NUTSUKPUI, returned service of Form 6 and the application, arguing lack of instructions and that the appellants were in Lagos, Nigeria. Applying rule 14(1), rule 82, and rule 6(2)(a) of C.I. 16, the court held service on solicitors was effective because counsel provided the address for service in the Notice of Appeal. The court further found the one-year guarantee inadequate, ordered compliance with the subsisting Court of Appeal order, and deemed the application ripe for hearing.