La Dadekotopon Youth Association Vrs Tsuru Iii Subst. By Adai Iv and Another [2021] GHASC 20 (31 March 2021)

La Dadekotopon Youth Association Vrs Tsuru Iii Subst. By Adai Iv and Another [2021] GHASC 20 (31 March 2021)

Where applications for extension of time and for non-compliance are pending contemporaneously, the Court of Appeal should hear the extension application first. The court retains discretion to grant or refuse the extension based on merits, and the sanction for non-compliance remains available if warranted. The Court of Appeal did not err in granting the extension in this case.

Citation
[2021] GHASC 20
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 Supreme Court
Outcome
appeal dismissed
Legal Topics
Appeals, Extension of Time, Non Compliance With Procedural Rules
Source Language
English
Civil Procedure Appeals Extension of Time Non Compliance With Procedural Rules

Case Brief

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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 Supreme Court

Legal Issues

  1. 1 Whether the Court of Appeal erred in hearing and granting an application for extension of time to file written submissions when a summons for non-compliance was 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 non-compliance are pending contemporaneously, the Court of Appeal should hear the extension application first. The court retains discretion to grant or refuse the extension based on merits, and the sanction for non-compliance remains available if warranted. The Court of Appeal did not err in granting the extension in this case.

Court Disposition

appeal dismissed

Orders

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