THOMAS OSEI v. E.P. GHANA

Justice Uuter Paul Dery of the High Court ruled on an application by the respondent in an appeal, the plaintiff, seeking an extension of time to ‘cross-appeal’ against portions of a judgment delivered on 21 December 2011. After the defendant filed a notice of appeal to the Court of Appeal on 9 January 2012, the plaintiff attempted to proceed under rule 9 of the Court of Appeal Rules, 1997 (C.I. 19). The court held the application was incompetent because the proper procedure is rule 15 of C.I. 19, which provides for a respondent to give written notice in Form 7, within one month after service of the notice of appeal, to contend that the decision should be varied. The judge emphasized that rule 15 contains no provision allowing extension of time for Form 7 compliance, and that the plaintiff had not attempted to comply. Consequently, the application lacked merit and was dismissed.