LOGA v. DAVORDZI AND OTHERS
1966
SUPREME COURT
GHANA
CORAM
- SARKODEE-ADOO C.J.
- AZU CRABBE
- OLLENNU JJ.S.C
Areas of Law
- Civil Procedure
- Constitutional Law
1966
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana ruled on whether to grant an extension of time for filing an appeal, as sought by the applicant under rule 10 (1) of the Supreme Court Rules, 1962. The key issues revolved around whether the application was properly before the court and whether the court was bound by its previous decisions according to the Constitution, 1960. The court discussed prior rulings, notably Nye v. Nye, but ultimately dismissed the application due to the improper time extension request beyond the statutory limit. The judgment clarified the court's jurisdictional reach and interpreted the rules governing appeals and extensions.
JUDGMENT OF SARKODEE-ADDO C.J.
The applicant by his counsel seeks by this motion made under rule 10 (1) of the Supreme Court Rules, 1962,1 enlargement of time to file an appeal to this court against a final [p.533] judgment of Sowah J. delivered on 25 June 1965. The motion was filed at the registry of the court on 3 December 1965, that is, five months and eight days after the said judgment. The facts alleged by the applicant in his supporting affidavit and the allegations by the respondents in answer and in opposition to the application are controversial and, in the main, irrelevant for the purposes of this ruling, save and except that the respondents' representative, by his affidavit, alleged thus:
"(7) That I am informed by counsel and verily believe that this application is not properly before the Supreme Court.
(8) That I am further informed by counsel and verily believe that the application is altogether misconceived and frivolous. And in the circumstances the respondents pray for the dismissal of the application."
What is sought from the court is a true and proper construction of the said rule 10 which provides as follows:
"10. (1) Subject to any enactment for the time being in force no appeal shall be brought after the expiration of fourteen days in the case of an appeal against an interlocutory decision or of three months in the case of an appeal against a final decision, unless the Court below or the Court shall enlarge the time.
(2) The prescribed period for appeal shall be calculated from the date of the decision appealed against:
Provided that where there is no appeal as of right the prescribed period shall be calculated from the date upon which special leave to appeal is granted.
(3) An appeal shall be deemed to have been brought when the notice of appeal has been filed in the Registry of the Court below.
(4) No application for enlargement of time in which to appeal shall be made after the expiration of one month from the expiration of the time prescribed within which an appeal may be brought. Every such application shall be supported by an affidavit setting forth good and substantial reasons for the application and by grounds of appeal which prima facie show good cause for leave to be granted. Any such application shall be made to the Court below whose decision shall be final; and when time is so enlarged a copy of the order granting such enlargement shall be annexed to the notice of appeal."
Rule 10 (1) and (4) are the pertinent