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BIMPONG v. THE REPUBLIC

1990

SUPREME COURT

GHANA

CORAM

  • ADADE
  • TAYLOR
  • FRANCOIS
  • WUAKU
  • AMUA-SEKYI JJ.S.C

Areas of Law

  • Criminal Law and Procedure
  • Civil Procedure

AI Generated Summary

Taylor J.S.C., delivering the Supreme Court’s ruling, dismissed an application by an accountant convicted at the circuit court of multiple counts of falsification of accounts and stealing. After receiving a total sentence of fourteen years’ imprisonment with hard labour, and having his appeals dismissed by the High Court and, on 7 November 1988, by the Court of Appeal, the applicant sought, on 31 August 1989, an extension of time to appeal to the Supreme Court. The Court held the motion incompetent because rules 31(3) and 34 of the Supreme Court Rules require such applications to be made first to the Court of Appeal and filed with its Registrar. It further held that section 3(2) of the Courts Act, as amended by P.N.D.C.L. 191, mandates leave where the Court of Appeal confirms a lower decision, and that rule 66(1) pertains only to civil actions. Counsel were Mrs. Anson for the Republic and Nana Akufo-Addo for the applicant.

JUDGMENT