Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

IN RE OPPONG (DECD.); MENSAH AND ANOTHER v. BEDIAKO

July 8, 1991

SUPREME COURT

GHANA

CORAM

  • ADADE
  • WUAKU
  • AMUA-SEKYI
  • OSEI-HWERE
  • EDWARD WIREDU JJ.S.C

Areas of Law

  • Civil Procedure

AI Generated Summary

After losing in the High Court, Kumasi, and again in the Court of Appeal, the applicants obtained special leave to appeal to the Supreme Court and complied with the conditions of appeal. When notified via Form 5 that the record was ready, they failed to file their statement of case within three weeks as required by rule 13(1) of the Supreme Court Rules, 1970 (C.I. 13), leading to the appeal being deemed struck out under rule 13(2). The applicants, represented by Agyeman and Associates and referencing Mr. J. K. Agyeman’s absence, sought orders to relist and extend time. The majority, led by Wuaku J.S.C., held that rule 66(1) does not confer jurisdiction to revive an appeal struck out by operation of law and that rule 5 is not an inherent power to restore such appeals. Citing the strict obedience to procedural time limits, the Court dismissed the application. Two judges (Adade and Amua‑Sekyi JJ.S.C.) indicated views that the Court had power and would grant relief, but the application was ultimately dismissed.

JUDGMENT