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JONAS ADDO MCKAY & ORS v. DANIEL MENSAH & ANOR

2012

COURT OF APPEAL

GHANA

CORAM

  • DOUSE, J.A
  • DZAMEFE, J.A
  • ADJEI, J.A

Areas of Law

  • Civil Procedure

AI Generated Summary

In this Ghana Court of Appeal ruling, Justice Dennis D. Adjei addresses a review application under Rule 34 of the Court of Appeal Rules (C.I. 19) following the Court’s earlier dismissal of a repeat stay of execution sought by the 1st Defendant/Appellant/Applicant. The underlying litigation produced a final High Court judgment on 25 October 2010 and a post‑judgment order on 19 January 2011 after the Registrar computed accounts and interest. The Applicant filed appeals on 14 April 2011 against both decisions. Applying Rule 9 timelines, the Court classified the 25 October 2010 decision as final (three‑month limit, extendable) and the 19 January 2011 order as interlocutory (21‑day limit, non‑extendable). Because both appeals were late and no extension was properly sought, there was no pending appeal to support a stay. Citing Supreme Court precedents, the Court found no exceptional circumstances or error apparent and refused review. Justices Isaac Duose and Senyo Dzramefe concurred.

RULING