2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court refused the applicant's request for special leave to appeal against the Court of Appeal's decision to refer a matter to arbitration. The applicant's failure to appeal within the stipulated time and lack of substantive grounds merited the refusal. The principles upheld include strict adherence to procedural rules, the discretion of the court in granting special leave, and the importance of upholding arbitration agreements.
RULING
APPAU, JSC.
On 28th April 2016, I refused an application filed in this Court by the plaintiff/respondent/applicant (hereinafter referred to simply as applicant), for special leave to appeal to this Court against the judgment of the Court of Appeal dated 17th Decmber, 2015. The application, which was filed on 21st March, 2016, was brought under article 131(2) of the Constitution, 1992. I exercised that jurisdiction as a single justice of the Supreme Court, vide article 134 of the Constitution, 1992. The article in question provides:
“A single justice of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of the cause or matter before the Supreme Court, except that –
in criminal matters, where that justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the Supreme Court constituted by three justices of the Supreme Court; and
in civil matters, any order, direction or decision made or given under this article may be varied, discharged or reversed by the Supreme Court, constituted by three justices of the Supreme Court.”
I reserved the reasons that informed my decision and I now proceed to advance same.
The appellate jurisdiction of the Supreme Court is provided under article 131 (1) and (2) of the Constitution, 1992. The article in question reads:
“131(1) An appeal shall lie from a judgment of the Court of Appeal to the Supreme Court –
as of right in a civil or criminal cause or matter in respect of which an appeal has been brought to the Court of Appeal from a judgment of the High Court or a Regional Tribunal in the exercise of its original jurisdiction; or
with the leave of the Court of Appeal, in any other cause or matter, where the case was commenced in a court lower than the High Court or a Regional Tribunal and where the Court of Appeal is satisfied that the case involves a substantial question of law or is in the public interest.”
(2) Notwithstanding clause (1) of this article, the Supreme Court may entertain an application for special leave to appeal to the Supreme Court in any cause or matter, civil or criminal, and may grant leave accordingly.”
The right of appeal to this Court under article 131(1)(a) is as of right but that under 131(1)(b) requires leave from the Court of Appeal. Where the Court of Appeal refuses leave, the application could be brought under article 131 (2) for special leave to app