ATORBU MAHAMADU CLETUS & 52 ORS v. MENZGOLD GHANA LIMITED

Justice Dennis Adjei, with Justices Amma Gaisie and George Koomson concurring, addressed an interlocutory appeal arising from the High Court, Accra’s post-judgment refusal to grant leave for a writ of execution. After the High Court dismissed the plaintiffs’ application in March 2020, the plaintiffs sought, and on 27 May 2020 obtained, an extension of time to appeal, citing the COVID-19 lockdown in Accra; the order provided no filing window and the plaintiffs filed a notice of appeal on 3 June 2020. The Court of Appeal held that under rule 9(1) of the Court of Appeal Rules (C.I. 19), extensions are unavailable for interlocutory appeals and are confined to final appeals under rule 9(4). Relying on Supreme Court authorities and the expressio unius canon, it declared the High Court’s extension order void ab initio, rendering the notice of appeal and all subsequent steps void. The appeal was dismissed without consideration of the merits.