APRO GHANA LTD. v. MICHAEL ASANTE AKUFFO & ORS, CLAIMANTS: GENEVIEVE A. AWARE & ORS

J U D G M E N T

AVRIL LOVELACE-JOHNSON:-

The designation of the parties in the High Court will be maintained in this appeal.

At the hearing of this appeal both counsel were directed to address this court on whether the high court had jurisdiction to make the order granting extension of time to the claimants on 29th July 2016 to file an appeal against the judgment and ruling of the high court dated 30th October 2015 and 7th April 2016 respectively.

This directive was made pursuant to Rule 6 sub rules 7(b) and 8 of the Supreme Court Rules 1996, C. I. 16 which provide as follows:

(7) Notwithstanding sub rules (1) to (6) of this rule the Court-

(a) ………

(b) Shall not, in deciding the appeal, confine itself to the grounds set forth by the appellant or be precluded from resting its decision on a ground not set forth by the appellant.

(8) Where the Court intends to rest a decision on a ground not set forth by the appellant in his notice of appeal or on any matter not argued before it, the Court shall afford the parties reasonable opportunity to be heard on the ground or matter without reopening the whole appeal.

Both counsel did so and counsel for the claimants further addressed us on whether the judgment arising out of the interpleader proceedings was final or interlocutory.

The background of this matter is undisputed and in sum is as follows: The plaintiffs sued the defendants for an amount owed them. The matter was submitted for mediation at the end of which process a judgment based on a “Memorandum of agreement” reached between the parties was entered against the defendant by the High court, Commercial Division, Kumasi.

Upon the failure of the defendants to abide by the terms of the said judgment, the plaintiffs attempted to go into execution.

In the course of execution the plaintiffs caused certain properties to be attached by the Sheriff of the court on 10th September 2009. It was at this stage that the claimants herein on 21st October 2009 filed a joint notice of claim as required by order 44 r 12 of the High Court Civil Procedure Rules 2004 C. I 47 in respect of the said attached properties.

A hearing of the matter commenced. At the end of the hearing, the learned trial judge gave judgment on 30th October 2015 by which he “accordingly discharged the subject matter from further execution” and refused to grant the special and general damages he had assessed on the ground that such damages could not be granted in an interpleader action.

He order