Excel Logistics Gh Ltd Vrs Gprtu Of Tuc [2007] GHACA 15 (13 July 2007)

Excel Logistics Gh Ltd Vrs Gprtu Of Tuc [2007] GHACA 15 (13 July 2007)

The appellants failed to file their statement of case within the prescribed time and did not obtain leave to file out of time. No sufficient reason was advanced for the delay. The appeal is incompetent and must be struck out.

Citation
[2007] GHACA 15
Parties
Defendant/appellant: Excel Logistics Gh. Ltd; Plaintiff/respondent: GPRTU of TUC (Ghana Burkina Faso Harbour Branch)
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
13 July 2007
Procedural Posture
Civil Appeal / Preliminary Objection Before Hearing of Appeal
Outcome
Appeal struck out as incompetent, no liberty to appeal afresh
Legal Topics
Appeals, Time Limits, Preliminary Objections, Court Procedure
Source Language
English
Civil Procedure Appeals Time Limits Preliminary Objections Court Procedure

Case Brief

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Parties

Excel Logistics Gh. Ltd

Defendant/appellant

GPRTU of TUC (Ghana Burkina Faso Harbour Branch)

Plaintiff/respondent

Procedural Posture

Civil Appeal / Preliminary Objection Before Hearing of Appeal

Legal Issues

  1. 1 Whether the appellants' failure to file their statement of case within the prescribed time without leave renders the appeal incompetent
  2. 2 Whether the respondents waived their right to object by filing written submissions simultaneously with the preliminary objection

Ratio Decidendi

The appellants failed to file their statement of case within the prescribed time and did not obtain leave to file out of time. No sufficient reason was advanced for the delay. The appeal is incompetent and must be struck out.

Court Disposition

Appeal struck out as incompetent, no liberty to appeal afresh

Orders

  • Preliminary objection upheld
  • Appeal struck out as incompetent and without liberty to come afresh