NANA ASARE LARBI II v. KWABENA DARKO

ADJEI,JA:

The Defendant/Appellant, herein referred to as Defendant filed an appeal against the judgment of the Circuit Court, Akropong delivered on 19th March, 2013. The trial Circuit Court entered judgment in favour of the Plaintiff/Respondent herein referred to as Plaintiff and dismissed the Defendant’s counterclaim. The Defendant dissatisfied with the judgment of the trial Circuit Court filed an appeal against same to this Court on 19th June, 2013. The Defendant in his notice of appeal filed on 19th June,2013 filed three grounds of appeal and indicated his intention to file additional grounds of appeal. On 26th July, 2016, this Court granted leave to the Defendant to file additional grounds of appeal and the Defendant filed same within the time granted by this Court. The Defendant in his written submission argued all three grounds of appeal and the additional grounds of appeal. The Plaintiff had the opportunity to respond the submissions made by the Defendant in his written submission. None of the parties raised an issue as to the competence of the appeal and this Court had decided to raise it suo motu and discuss. The time within which to file an appeal is a jurisdictional issue and whenever the Court is of the opinion that an appeal was filed out of time without the leave of the Court, the Court is duty bound to raise and discuss.

An appeal from the Circuit Courts to the Court of Appeal is created by the Courts Act,1993 (Act 459) and regulated by the Court of Appeal Rules, 1997 (C.I. 19). Section 11(4) of the Courts Act which confers jurisdiction on the Court of Appeal to entertain civil appeals from the Circuit Courts provide that a person who is dissatisfied with the judgment of a Circuit Court in a civil cause or matter may appeal against the judgment to the Court of Appeal. The Court of Appeal Rules, C.I. 19 governs the time for appealing against a decision of the Circuit Courts and the High Court in civil cause or matter to the Court of Appeal. Rule 9 of C.I 19 provides for time limits for appealing to the Court of Appeal against a decision in civil cause or matter from a Circuit Court or the High Court. It provides thus:

“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.

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 prescr