THE REPUBLIC v. HIGH COURT, TARKWA EX PARTE: ABISHEK ASHWINKUMAR SONEJI

ASIEDU, JSC:-

In this application, the applicant seeks the leave of this Court, pursuant to Article 132 of the Constitution, 1992 and rule 62 of the Supreme Court Rules, 1996, CI.16 to apply, out of time, to invoke the Supervisory jurisdiction of this Court. The application was filed on the 29th June 2023.

The applicant says in paragraph 5 of the supporting affidavit that summary judgment, exhibit ‘EA’ herein was entered by the High Court, Tarkwa on the 12th day of December, 2022. The application for summary judgment was served on the applicant on the 7th December 2022. An alleged search conducted on the 30th April 2022 was exhibited by the applicant. This deposition which was made in paragraph 7 of the supporting affidavit is very strange to this Court in that I find it humanly impossible for a search to be conducted on 30th April 2022 in respect of proceedings which occurred in December 2022. I think it is the product of lack of care by the lawyer in the drafting of the supporting affidavit.

The complaint of the applicant is found at paragraph 9 of the affidavit and that is that the applicant had only two (2) clear days’ notice of the application for summary judgment before it was heard and granted by the High Court on the 12th of December 2022. The applicant says that is contrary to Order 14 rule 2(3) of the High Court (Civil Procedure) Rules, 2004, CI.47 (as amended).

The applicant says that he is desirous of invoking the Supervisory jurisdiction of this Court and therefore prays for time to be extended for him to apply to this Court.

It is clear from the affidavit in support that the applicant herein was aware that the application for summary judgment was fixed for hearing on the 12th day of December 2022 and the fact that the applicant had been served on the 7th of December 2022, which he claimed to be short service, was no excuse for the applicant herein to absent himself from attendance at the High Court on the 12th December 2022. At any rate the record of proceedings on the 12th December 2022, exhibit ‘EA’ herein shows that the applicant was represented by one Emmanuel Obumselu. Hence, the applicant was very much aware of the proceedings that occurred on the 12th December 2022. Assuming for purposes of argument that the proceedings of 12th December 2022 is susceptible to the Supervisory jurisdiction of this Court, rule 62 of the Supreme Court Rules, CI. 16 enjoins the applicant to file his application within ninety days from the date of the i