APPARDU v. ANGU II AND ANOTHER
1960
HIGH COURT
GHANA
CORAM
- SMITH, J
Areas of Law
- Civil Procedure
1960
HIGH COURT
GHANA
CORAM
AI Generated Summary
The court dealt with an application for leave to appeal against the dismissal of an appeal by the Land Court. The appellant's counsel argued that the time limit for such an appeal was three months based on previous case law. However, the judge found that the cited cases were not applicable to the current issue. According to the Court of Appeal Ordinance, 1957, and the Supreme Court (Court of Appeal) Rules, 1957, the correct period for filing such an application is fourteen days. As the application was not filed within the stipulated time, it was dismissed.
JUDGMENT OF SMITH J.
This is an application for leave to appeal against a decision of the Land Court dismissing an appeal from a local court. Counsel for the appellant submitted that the time limit within which to apply for special leave to appeal from the Land Court to the Court of Appeal was three months. He cited the cases of Lotsu v. Kudjey (13 W.A.C.A. 239) and Adama v. Lamley (unreported). I have considered these cases but in my view they are not applicable in the present issue. Counsel also remarked that there had been conflicting rulings given on this question by other judges in this country. I wish it had been possible for counsel to have cited these varying decisions. As I read the Court of Appeal Ordinance, 1957, section 4 and the Supreme Court (Court of Appeal) Rules 1957, section 10(1) and (2), the period within which an application must be made for special leave to appeal from the decision of the Land Court affirming the judgment of the local trial court is fourteen days. In my opinion the present application is out of time and is dismissed.
DECISION
Application dismissed.