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KHOURY AND ANOTHER v. MITCHUAL AND ANOTHER

1990

SUPREME COURT

GHANA

CORAM

  • ADADE
  • TAYLOR
  • FRANCOIS
  • AMUA-SEKYI JJ.S.C.
  • OSEI-HWERE J.A

Areas of Law

  • Civil Procedure

AI Generated Summary

The Supreme Court dismissed an application for leave to appeal filed by F. and M. Khoury due to its untimeliness in the Court of Appeal. The Court reaffirmed that filing deadlines must be adhered to under procedural rules and subsequent applications based on improperly filed ones are incompetent. It was ruled that the Supreme Court cannot rectify procedural defects unless special reasons are provided, which the applicants failed to do. The court emphasized the importance of justice over procedural technicalities but upheld that the rules must be applied strictly to prevent misuse.

JUDGMENT