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CFAO v. ZACCA

January 17, 1972

COURT OF APPEAL

CORAM

  • AZU CRABBE J.S.C.
  • LASSEY
  • SOWAH JJ.A

Areas of Law

  • Constitutional Law
  • Civil Procedure

AI Generated Summary

The Court addressed an application by the applicants, who had lost in a hire‑purchase dispute with B. M. Zacca, to extend time to appeal to the newly created Supreme Court from a judgment of the former Court of Appeal delivered on 15 August 1969. After a failed review attempt under rule 33 and payment of the judgment, the applicants filed a motion on 21 August 1971, invoking rule 8(4) and rule 72 of the Supreme Court Rules, 1970 and relying on section 13 of the Constitution’s Transitional Provisions. Justice Sowah reasoned that, under the Constitution’s succession clause and benevolent reading of section 13(2), matters for review are deemed appeals pending and should include inchoate review rights to avoid injustice. Justice Lassey concurred. Justice Azu Crabbe dissented, holding no right of appeal existed for pre‑Constitution judgments. The majority granted the application and extended time.

JUGDEMENT