NDK FINANCIAL SERVICES LIMITED v. JOSEPH ADE COKER
2019
SUPREME COURT
GHANA
CORAM
- YEBOAH JSC (PRESIDING)
- GBADEGBE JSC
- APPAU JSC
- MARFUL-SAU JSC
- KOTEY JSC
Areas of Law
- Constitutional Law
- Civil Procedure
2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court had to determine whether its appellate jurisdiction was properly invoked in an appeal against the Court of Appeal's ruling on a post-judgment proceeding from the High Court. The Supreme Court found that since the appeal was not directly against a judgment of the High Court in the exercise of its original jurisdiction, but rather a post-judgment matter, the appellant should have sought leave from the Court of Appeal or special leave directly from the Supreme Court. The failure to comply with these requirements led the Supreme Court to dismiss the appeal for not properly invoking its jurisdiction.
JUDGEMENT
APPAU, JSC:-
The substantive appeal before us is an appeal against the ruling of the Court of Appeal in respect of an appeal brought before it against the ruling of the High Court in a post-judgment proceeding. When the appeal came up for hearing in this Court on the 5th of December 2018, the Court, in the exercise of its jurisdiction under Rule 6 (8) of the rules of this Court; i.e. C.I. 16 of 1996, invited both counsel in the case to address it on whether or not our jurisdiction had been properly invoked. The order we made specifically was; Whether or not the appeal complies with article 131 (2) of the 1992 Constitution.
Article 131 (1) & (2) of the Constitution provides:
“131. (1) An appeal shall lie from a judgment of the Court of Appeal to the Supreme Court – (a) 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
(b) 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”.
Section 4 (1)(a) (b) (c) and (2) of the Courts Act, 1993 [Act 459] which gives fuller expression to article 131 (1) and (2) also provides:
“4. (1) In accordance with article 131 of the Constitution, an appeal lies from a judgment of the Court of Appeal to the Supreme Court – (a) 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; (b) 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; (c) as of right in a cause or matter relating to the issue or refusal of writ or order of habeas corpus, certiorari, mandamus, prohibition or quo warranto.
(2) Notwithstan