MARK DOGOLI & 2 ORS. v. ASHANTI GOLDFIELD COMPANY LTD.

JUDGMENT

SOWAH, J.A.:

The defendant/appellant; hereinafter referred to as “defendant’ filed an appeal against the judgment of the trial High Court delivered on 21st October 2009. The judgment is at pages 92-98 of the record of appeal.

The trial court held the plaintiff/respondent herein to be entitled to his claims for damages for wrongful and unlawful termination of employment and accordingly made awards in plaintiff's favour.

Dissatisfied with the judgment, the defendant filed a Notice of appeal which was pursuant to a Motion on Notice for extension of time within which to appeal. The Notice of Appeal was filed on 27th August 2010 with four substantive grounds of appeal.

Although neither lawyer in this appeal raised the issue of the competency nor otherwise of the Notice of appeal, it is obligatory for an appellate court in every appeal to ascertain that its jurisdiction has been properly invoked. The court has a duty whenever it is of the opinion that an appeal was filed out of time to raise and discuss it since the time within which to file an appeal is a crucial issue that goes to jurisdiction. The court on its own motion or on application by a party may strike out a defective Notice of Appeal.

Thus, I first address the issue whether the jurisdiction of this court has been properly invoked in accordance with law.

Article 137 of the 1992 Constitution and section 11(1)(2) of the Court’s Act 1993, (Act 459) confers jurisdiction on the Court of Appeal to hear appeals from the High Court. Such appeals are regulated by the Court of Appeal Rules, 1997 (CI 19). In order to be entitled to exercise a right of appeal, the appellant must come within the provisions of the statutes creating such a right.

Rule 9 of C.I. 19 (as amended) provides the time limits for appealing to the Court of Appeal against a decision of the High Court in a civil cause or matter. It provides as follows:

9. Time limits for appealing

(1) 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