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HAMMOND v. ODOI AND ANOTHER

July 3, 1972

COURT OF APPEAL

GHANA

CORAM

  • JIAGGE
  • SOWAH JJ.A.
  • PREMPEH J.S.C

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Constitutional Law

AI Generated Summary

Prempeh J.S.C., writing for the Court of Appeal, decided an application by the plaintiff-respondent-applicant for leave to appeal to the Supreme Court from the Court of Appeal’s majority decision in Odoi v. Hammond [1971] 1 G.L.R. 375, which had reversed Apaloo J.A.’s High Court judgment. The underlying dispute concerns a Kotobabi, Accra land grant originally made by the Nii We family and later endorsed by the Osu Paramount Stool, with competing claims of possessory versus absolute title and pleading issues. The respondents objected that the application was out of time under Supreme Court Rules, 1970 (C.I. 13) rule 7(1). The court analyzed constitutional commencement provisions (Constitution, 1969 art. 126(6)) and National Assembly minutes, concluding the rules commenced on 16 March 1971, which would make the 6 April 1971 filing late. However, Courts Act, 1971 (Act 372) section 114(4) saved the filing. Finding outstanding and substantial questions of law intertwined with fact, and citing Jones v. Biernstein and Sanderson v. Blyth Theatre Co., the court granted leave on all grounds. Jiagge J.A. and Sowah J.A. concurred.

JUDGMENT