TELFAR VRS DAH-HUSS (E11/20/22) [2023] GHAHC 538 (28 February 2023)

The notice of appeal was filed out of time without an application for extension, rendering the appeal incompetent and depriving the court of jurisdiction to hear it.

Citation: [2023] GHAHC 538
Parties: Plaintiff/respondent: Francis Telfar; Defendant/appellant: Marcus Dah-Huss
Court: High Court
Jurisdiction: Ghana
Judgment Date: 28 February 2023
Case Number: E11/20/22
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal struck out as incompetent
Legal Topics: Appeals, Out of Time Filing, Lease Agreements, Recovery of Rent, Ejectment
Source Language: English

Civil Procedure Landlord and Tenant Appeals Out of Time Filing Lease Agreements Recovery of Rent Ejectment

Case Brief

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Parties

Francis Telfar

Plaintiff/respondent

Marcus Dah-Huss

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the notice of appeal was filed within the statutory period
2 Whether the court has jurisdiction to entertain an appeal filed out of time without extension

Ratio Decidendi

The notice of appeal was filed out of time without an application for extension, rendering the appeal incompetent and depriving the court of jurisdiction to hear it.

Court Disposition

appeal struck out as incompetent