LA DADEKOTOPON YOUTH ASSOCIATION v. NII KPOBI TETTEY TSURU III & OTHERS
2021
SUPREME COURT
GHANA
CORAM
- YEBOAH, CJ (PRESIDING)
- PWAMANG, JSC
- AMEGATCHER, JSC
- OWUSU (MS.), JSC
- AMADU, JSC
Areas of Law
- Civil Procedure
2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, constituted by Chief Justice Anin Yeboah and Justices G. Pwamang, N. A. Amegatcher, M. Owusu, and I. O. Tanko Amadu, decided an interlocutory appeal concerning appellate procedure under the Court of Appeal Rules, 1997 (C.I.19) as amended by C.I.21 and C.I.25. Following a High Court decision dated 21 October 2014, the registrar served Civil Form 6 indicating the record was ready; the appellant failed to file written submissions within 21 days, prompting a Rule 20(2) certificate of non-compliance and a summons to consider striking out the appeal. Contemporaneously, the appellant applied under Rule 20(1) for an extension of time. The Court of Appeal heard and granted the extension over objection. Emphasizing a modern interpretive approach that avoids delay and promotes merits-based adjudication, and noting that “struck out” appeals may be re-listed, the Supreme Court held that an extension application should be prioritized when both matters are pending. Relying on authorities including Quarmyne v Afeyesi, Evans v Bartlam, and Ex parte Ghana Chartered Institute of Bankers, the Court dismissed the interlocutory appeal.
JUDGMENT
PWAMANG JSC:-
It is provided under Rule 20 of the Court of Appeal Rules, 1997 (C.I.19) (as amended by C.I.21 and C.I.25) as follows;
20. Written submission
(1) An appellant shall within 21 days of being notified in Form 6 set out in Part I of the Schedule that the record is ready, or within such time as the Court may upon terms direct, file with the Registrar a written submission of his case based on the grounds of appeal set out in the notice of appeal and such other grounds of appeal as he may file.
(2) Where the appellant does not file the statement of his case in accordance with subrule (1), the Registrar shall certify the failure to the Court by a certificate as in Form 11A in Part I of the Schedule and the Court may upon that order the appeal to be struck out.
The defendant/appellant/applicant/respondent (the defendant) filed an appeal in the Court of Appeal against a decision of the High Court dated 21st October, 2014. When the record of the appeal was ready he was served with Civil Form 6 notifying him accordingly. However, he failed to file his written submissions within 21 days of the service on him of the Form 6 as required by the rule so the registrar issued a certificate of Non-Compliance under Rule 20(2) and listed the appeal upon a summons before the Court of Appeal for the court to decide whether to strike it out. About the same time, the defendant filed a motion under Rule 20(1) for extension of the 21 days for him to file his written submissions. The registrar listed the summons for non-compliance and the motion for extension of time before the same panel on the same day. The summons for non-compliance was called first and adjourned sine die on ground of non-service of an affidavit in opposition on the plaintiff/respondent/respondent/appellant (the plaintiff). After the summons was adjourned the application for extension of time was called but the plaintiff’s counsel objected to the court hearing the application arguing that it has to be adjourned to abide the decision of the court on the summons for non-compliance. The court overruled the objection, heard the application and granted defendant extended time to file his written submissions. Aggrieved by the decision of the Court of Appeal the plaintiff lodged the instant interlocutory appeal.
In its statement of case the plaintiff contends, that once a Certificate of Non-Compliance issued pursuant to Rule 20(2) of C.I.19 (as amended) comes to the attention of the Court of