La Dadekotopon Youth Association Vrstsuru Iii & Anor [2021] GHASC 160 (31 March 2021)

La Dadekotopon Youth Association Vrstsuru Iii & Anor [2021] GHASC 160 (31 March 2021)

Where applications for extension of time and for striking out for non-compliance are pending contemporaneously, the Court of Appeal should first determine the application for extension of time. The court retains discretion to grant or refuse extension based on merits, and the sanction of striking out remains available for clear defaults.

Citation
[2021] GHASC 160
Parties
Plaintiff/respondent/respondent/appellant: La Dadekotopon Youth Association; Defendants/appellants/respondents/respondents: Nii Kpobi Tettey Tsuru III (substituted by Nii Obodai Adai IV for and on behalf of La Stool) & 18 others; 10th Defendant/appellant/applicant/respondent: Edmund Joseph Obodai Mensah
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
31 March 2021
Procedural Posture
Civil Appeal / Interlocutory Appeal in Supreme Court From Court of Appeal Decision on Extension of Time
Outcome
appeal dismissed
Legal Topics
Appeals, Extension of Time, Non Compliance With Procedural Rules, Court Discretion
Source Language
English
Civil Procedure Appeals Extension of Time Non Compliance With Procedural Rules Court Discretion

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Parties

La Dadekotopon Youth Association

Plaintiff/respondent/respondent/appellant

Nii Kpobi Tettey Tsuru III (substituted by Nii Obodai Adai IV for and on behalf of La Stool) & 18 others

Defendants/appellants/respondents/respondents

Edmund Joseph Obodai Mensah

10th Defendant/appellant/applicant/respondent

Procedural Posture

Civil Appeal / Interlocutory Appeal in Supreme Court From Court of Appeal Decision on Extension of Time

Legal Issues

  1. 1 Whether the Court of Appeal can hear an application for extension of time to file written submissions when a summons for non-compliance is pending
  2. 2 Whether the Court of Appeal exercised its discretion judicially in granting the extension of time

Ratio Decidendi

Where applications for extension of time and for striking out for non-compliance are pending contemporaneously, the Court of Appeal should first determine the application for extension of time. The court retains discretion to grant or refuse extension based on merits, and the sanction of striking out remains available for clear defaults.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded against the defendant in favour of the plaintiff at the Court of Appeal