ANNOUS v. APPOH

JUDGMENT OF ANIN J.A.

When a court announces its decision on one date and hands down its reasons for the decision on a later date, what, for the purpose of calculating the time limited for appeal or review, is the date [p.887] of the court’s decision? This in a nutshell is the important question raised by this unpretentious motion for extension of time within which to apply for a review.

The undisputed facts are that the plaintiff recovered judgment in the trial Circuit Court, Accra, on 22 November 1977 for recovery of possession to a plot of land at Korle-Bu Nmenmete and for other ancillary reliefs. The aggrieved defendant thereupon appealed to this court; and after a full hearing, the ordinary bench of this court (coram Apaloo C.J. Sowah and Anin JJ.A.) on 13 February 1979 allowed the appeal and set aside the judgment of the court below, while reserving its reasons for a later date. The decision of the ordinary bench dated 13 February 1979 was in the following terms:

"We allow the appeal and set aside the judgment appealed from together with the order for costs. The costs, if paid, should be refunded to the appellant. In lieu of the judgment, we dismiss the plaintiff’s claim and enter judgment for the defendant. We award the defendant costs in the court below assessed at ¢600 and costs in this court fixed at ¢700. We hereby discharge the order of interim injunction made by the court below on 29 October 1975. We will set out full reasons for our judgment later."

On 29 March 1979, the ordinary bench handed down its reasons for the judgment in open court after due notice to the parties. The final paragraph reads:

"In our opinion, on the totality of the evidence given to the court, the learned judge ought to have found in the appellant’s favour both on the issue of title and the consequential question of trespass. As he found otherwise, we thought his judgment was wrong and we accordingly set it aside on 13 February last."

By a motion on notice filed on 27 September 1979, the plaintiff-applicant (hereinafter referred to as the applicant) sought an order for extension of time within which to apply to the full bench of the Court of Appeal for review of the ordinary bench’s judgment "dated 29 March 1979," on a stated ground of alleged miscarriage of justice.

For the defendant-respondent (hereinafter referred to as the respondent) learned counsel took a preliminary objection to the competency of the motion. He first submitted that the operative date of