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CITY INVESTMENT CO. LTD v. JULIANA ADADE & 2 ORS.

2019

COURT OF APPEAL

GHANA

CORAM

  • KUSI-APPIAH, J.A. (PRESIDING)
  • ACKAH-YENSU, J.A.
  • TANKO AMADU, J.A.

Areas of Law

  • Civil Procedure
  • Contract Law
  • Equity and Trusts

AI Generated Summary

This case involves a motion for leave to file a notice of appeal out of time. The applicant claimed the appeal raised important legal issues and had a good chance of succeeding, especially regarding the court's sheriff's position relative to an equitable mortgagee and the applicability of the Borrowers and Lenders Act to the parties' relationship. The original trial court ruled that the plaintiff could attach and auction the disputed property. The applicant filed the notice of appeal 18 days after the ruling, not within the required 14 days. The Court of Appeal dismissed the application, highlighting the importance of adhering to procedural rules and stating it lacked jurisdiction to grant leave to file out of time appeals.

RULING