Ocansey Vrs Teye and Others [2009] GHASC 28 (11 March 2009)

The appellant failed to comply with the conditions of appeal within the required time and did not provide a reasonable excuse for the delay; the Court of Appeal exercised its discretion fairly in refusing to relist the appeal, and there is no basis for the Supreme Court to interfere.

Citation: [2009] GHASC 28
Parties: Plaintiff/respondent/respondent: M. N. Ocansey; Defendants: Madam Grace Teye & 6 Ors; 1st Co Defendant/2nd Co Defendant/appellant/applicant: Tema Development Corporation; 2nd Co Defendant: Doku Agbeyevo
Court: Supreme Court
Jurisdiction: Ghana
Judgment Date: 11 March 2009
Procedural Posture: Civil Appeal / Supreme Court Appeal From Refusal to Relist Appeal by Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Appeals, Non Compliance With Procedural Rules, Restoration of Struck Out Appeals, Exercise of Judicial Discretion
Source Language: English

Civil Procedure Appeals Non Compliance With Procedural Rules Restoration of Struck Out Appeals Exercise of Judicial Discretion

Case Brief

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Parties

M. N. Ocansey

Plaintiff/respondent/respondent

Madam Grace Teye & 6 Ors

Defendants

Tema Development Corporation

1st Co Defendant/2nd Co Defendant/appellant/applicant

Doku Agbeyevo

2nd Co Defendant

Procedural Posture

Civil Appeal / Supreme Court Appeal From Refusal to Relist Appeal by Court of Appeal

Legal Issues

1 Whether the Court of Appeal erred in refusing to relist the appeal after striking it out for non-compliance with conditions of appeal

Ratio Decidendi

Court Disposition

Appeal dismissed