Julius Sylvester Bortey Alabi v. Paresh and 2 Ors
2016
COURT OF APPEAL
GHANA
CORAM
- P. K, GYAESAYOR, JA
Areas of Law
- Civil Procedure
- Appellate Law
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
In this case, the applicant sought an extension of time to file an appeal against a decision made by the full bench of the Court of Appeal, claiming the inability to file due to a judicial staff strike. The respondent opposed, arguing that the appeal should have been filed within the statutory 21-day limit for interlocutory appeals. The court had to decide whether it had the power to grant such an extension. The court concluded that it lacked jurisdiction to extend the filing period for interlocutory appeals beyond the prescribed 21 days, citing the mandatory language of Rule 9 in C. I. 19 and previous case law. As such, the application for extension of time was dismissed.
GYAESAYOR, JA This is a simple application for extension of time within which to file an appeal in an interlocutory matter.
However, this simple application has raised a serious legal issue which calls for determination by the court.
On the 11th day of May 2016, the full bench of the Court of Appeal varied the order of the single judge dated 12th of April 2016 The applicant has evinced an intention to appeal the decision of the full bench to the Supreme Court.
Being an interlocutory matter per the Rules of C. I. 19 the Court of Appeal Rules and C. I. 16, the Supreme Court rules the appellant has 21 days within which to file an appeal counting from the date of the decision the subject of the appeal.
C. I. 19 in Rule 9 deals with time limits for appealing In 9(1) it is provided that subject to any other enactment governing appeals, an appeal shall not be brought after the expiration of; -a. Twenty-one days, in the case of an appeal against an interlocutory decision or b. Three months, in the case of an appeal against a final decision unless the court below or the court extends the time.
2. The prescribed period within which an appeal may be brought shall be calculated from the date of the decision appealed against. 3. An appeal is brought when the notice of appeal is filed in the registry of the court below.
4. An application for extension of time within which to appeal shall not be made after the expiration of three months from the expiration of the time prescribed by this rule within which an appeal may be brought.
Similar provisions are made in Rule 8 of C. I. 16 the Supreme Court rules.
The dilemma of this court is to decide whether I have power to grant the application when both parties agree that this is an interlocutory appeal which ought to have been filed within 21 days after the ruling was delivered.
In a letter to Her Ladyship the Chief Justice dated 27th May 2016 and filed on 2nd June 2016 in the registry of the court, learned counsel for applicant wrote “being an interlocutory appeal, we have only 21 days under the rules to lodge our appeal which time will elapse by Tuesday the 31st of May 2016. Unfortunately, due to the ongoing judicial staff strike, we are constrained in our duty to file the notice of appeal (we have prepared) before the time limited for lodging same runs.
We would, as a matter of urgency, like to know whether any administrative procedure is available or could be made available to enable us file our clients appeal