ERIC TEI AKWETEY SIAW & DR. DANIEL NARH SIAW v. TETTEH SIAW-SAPPORE & ORS
2016
SUPREME COURT
GHANA
CORAM
- ANIN YEBOAH, J.S.C. SITTING AS A SINGLE
- JUSTICE OF THE SUPREME COURT
Areas of Law
- Civil Procedure
- Probate and Succession
2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case involves an application for special leave to appeal to the Supreme Court and a stay of proceedings following the Court of Appeal's reversal of a High Court decision. The Supreme Court dismissed the application for special leave, finding that the Applicants could appeal as of right without special leave. Similarly, the application for stay of proceedings was refused due to lack of substantial grounds. This ruling emphasized the statutory nature of appeal rights and the cautious exercise of discretionary jurisdiction in granting stays of proceedings.
RULING
ANIN YEBOAH JSC:-
On the 27th November 2016, I dismissed this application for special leave to appeal to this court and for stay of proceedings under Section 1 (2) of the Courts Act, 1993 (Act 459) as amended and Rule 7 (4) Supreme Court Rules, 1996, C. I. 16 as amended. As these proceedings touched on the pendency of interlocutory application, the facts could be easily gleaned from the affidavits filed in this application. On 12th March 2009 the Plaintiffs commenced an action against the Defendants before the High Court, Tema, for revocation of letters of administration granted to them in respect of the estate of Baby Angelina Manle Siaw-Sappore. The case was heard to finality when judgment was delivered on 22nd November 2011 in favour of the Plaintiffs and accordingly, the letters of administration so granted was revoked and the trial court instead granted the letters of administration to the first and second plaintiffs.
Subsequent to the revocation and the grant of letters of administration to the first and second Plaintiffs, the Plaintiffs who are now the Respondents in this application on 18th November 2012 filed an application for an order to punish Tetteh Siaw-Sappore, Narteh Sappore-Siaw and Siaw Sappore Otuabuah for intermeddling under Order 66 Rule 3 of the High Court Civil Procedure Rules, C. I. 47 of 2004. When the application was listed for hearing on 9th September 2012 the learned Judge had to determine a preliminary objection on whether Order 66 rule 3 of C. I. 47 which creates a criminal offence could be enforced by an application of such nature. In a ruling dated 30th November 2012, the learned trial Judge upheld the objection and dismissed the application. Not satisfied with the ruling the Plaintiffs lodged an appeal to the Court of Appeal, Accra. The Court of Appeal on 16th June 2016 allowed the appeal on the grounds that Order 66 rule 3 of C.I. 47 does not create a criminal offence and can be tried by an application.
It is as a result of the Court of Appeal’s ruling that this application is brought to seek leave of this court to appeal to the Supreme Court. Counsel for the appellant has argued that there is the need for Special leave to appeal to this court and that same ought to be granted in the interest of substantial justice as the point of law under consideration raises an issue of importance in estate matters.
Counsel for the respondent contended otherwise and sought reliance on the unreported case of Kwasi Owusu and A