MOKAB COMPANY GHANA LTD. v. BRAGHA CONSTRUCTION COMPANY LTD.

R U L I N G

MARFUL –SAU, JA:-The fundamental issue raised in this application is whether this court was seised with jurisdiction when on the 20th day of December 2012 it granted an application for interim injunction pending the determination of an appeal lodged by the Plaintiff/Appellant/Respondent herein against the refusal of the High Court, Fast Track Division to grant an application for interlocutory injunction.

The main ground canvassed by counsel for Defendant/Respondent/Applicant herein in seeking to set aside the order granting the injunction is that this court was not seised with jurisdiction because as at the 20th day of December 2012, when this court granted the injunction the record of appeal had not been transmitted to this court and Form 6 had not been issued by the Registrar of the court below, that is the High Court, Fast Track Division.

We are being called upon, in this application, to examine the conduct of this court as it sat on the 20th December 2012, to ascertain whether it had jurisdiction to grant the injunction. In other words we are to ascertain whether the court erred in granting the application for injunction pending an appeal against the refusal of an injunction by a lower court in the peculiar circumstances of the case, when the record of appeal had not been transmitted to this court. In conducting this exercise we will like to briefly address the jurisdiction of the Court of Appeal. It is trite learning that an appeal is a creature of Statute and an appellate jurisdiction can only be exercised when the appellant has brought himself/herself within the law creating the appeal.

In Frimpong v. Poku(1962) 2 GLR 1 at 6 the Supreme Court held thus:-

“A right of appeal is always conferred by statute, and when the statute conferring the right lays down conditions precedent to the raising of that right in a litigant, it is essential that those conditions must be strictly performed otherwise that right does not become vested.”

An appeal is deemed to be entered at the Court of Appeal when Form 6 is issued by the Registrar of the court below. The issuance of Form 6 means that the records of appeal are transmitted from the trial court to the Court of Appeal. There is no dispute in law as to when an appeal is deemed to have been entered in the appellate court as the authorities are legion on this matter. In Ampong V Frempong (1965) GLR 350, the Supreme Court speaking through Mills-Odoi JSC, delivered as follows:-

“In our opinion the