DENNIS TORGBENU & ORS v. TORGBE NAKAKPO DUGBAZA VIII

J U D G M E N T

MARFUL-SAU, JSC: -

This interlocutory appeal is taken against the ruling of the Court of Appeal, sitting at Ho. The facts of the case relevant to this appeal are that on the 18th of May 2016, the High Court, sitting at Sogakope delivered a ruling in an interlocutory matter which went against the Defendant/Appellant/Applicant/

Respondent herein referred to as Respondent. Dissatisfied with the said ruling the Respondent initiated an Appeal to the Court of Appeal, through a Notice of Appeal filed on the 9th of June 2016. Pursuant to the Notice of Appeal, the Respondent filed a Motion on Notice for Leave to file Additional Grounds of Appeal on the 25th April 2017. The Plaintiff/ Respondent/ Respondent/ Appellant, herein referred to as Appellant, resisted the application and raised a preliminary point of law as to the competence of the appeal filed by the Respondent. The Appellant argued that the Notice of Appeal filed by the Respondent was outside the prescribed 21 days allowed for Interlocutory Appeals. He contended that the ruling, subject of the Appeal was delivered on the 18th May 2016 and the Notice of Appeal was filed on the 9th of June 2016, which was one day outside the 21 days limited for such appeals.

The Court of Appeal dismissed the preliminary objection in a ruling delivered on the 26th of July 2017. It is against the said ruling that Appellant has lodged this Appeal urging this court to set aside the decision of the Court of Appeal, which held that the Notice of Appeal was filed within time and for that matter the appeal was competent. Appellant formulated two (2) grounds of appeal as follows:-

i. The ruling was against the weight of evidence.

ii. The learned trial Judges erred when they held that the Notice of Appeal was legitimately filed and therefore not incompetent.

Having read the record of appeal, we are of the opinion that this appeal raises a fundamental issue as to whether the Notice of Appeal filed by the Respondent on the 9th June 2016 was competent? We will therefore address the grounds formulated by the appellant in terms of the fundamental issue.

It is trite that an Appeal is a creature of Statute or the Constitution and for that matter a party who intends to invoke the appellate jurisdiction of a court must strictly comply and or satisfy the law that grants him or her right of appeal.

In the case of Sandema-Nab v. Asangalisa and Others {1996-97} SCGLR 302, this court delivered at page 306 of the report as