ZAKARI v. NDUN

JUDGMENT OF EDUSEI J.

When this appeal came on for hearing before me on 11 November 1968 counsel for the plaintiff-respondent raised the preliminary point that there was no appeal in existence for this court to entertain. Counsel relied on two matters in support of his contention, and before stating his two reasons for his contention I think it is necessary to set out briefly the history of this appeal.

On 7 December 1965, the then Local Court at Yendi (though the appeal has erroneously been described as emanating from the District Court Grade II, Yendi) gave judgment in the above-named case against the defendant and in favour of the plaintiff. On 11 August 1967, the defendant filed an ex parte application in the High Court, Tamale, for an extension of time within which to appeal against the judgment of the Yendi Local Court dated 7 December 1965. The application was granted by Annan J. on 27 November 1967 and the time for appealing was extended to 1 December 1967 and on that same day the defendant filed in the High Court his notice of appeal.

Counsel for the plaintiff-respondent (hereinafter referred to as the plaintiff) contends that there was no case pending before the district court on 1 October 1966 to enable the defendant-appellant (hereinafter referred to as the defendant) to appeal.

His contention was that with the coming into force of the Courts Decree, 1966 (N.L.C.D. 84), on 1 October 1966, the previous courts established under the Courts Act, 1960 (C.A. 9), were abolished, and paragraph 87 (3) of the Courts Decree, 1966, which saved cases pending before the local courts to be continued and concluded by a district court having jurisdiction over the area in which such local court was situated did not apply to the instant appeal because, so counsel argued, there was no case pending before the local court at the time the Courts Decree, 1966, came into force, judgment having been given in the case on 7 December 1965 and therefore the case had been concluded. Counsel for the appellant argued the contrary. Paragraph 87 (3) is in the following words:

"87.(3) Every case pending before a Local Court immediately before the commencement of this Decree shall be continued and concluded by a District Court having jurisdiction over the area in which such Local Court was situated."

The question to be determined is this: At what stage does a case cease to be pending before a court? My view is that the pronouncement of a judgment in a case does not make that