Charway Vrs Mensah and Another [2015] GHASC 138 (13 May 2015)
The appeal was dismissed because the appellant's delay in filing the motion for relistment was aggravated and unjustified, and the Court of Appeal was correct in declining the relistment.
Source-derived case information.
- Citation
- [2015] GHASC 138
- Parties
- Appellant: Kingsford Odoi Charway; Respondent: James Okpoti Mensah & Anor.
- Court
- Supreme Court
- Jurisdiction
- Ghana
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Appeal, Relistment of Motion, Substitution, Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kingsford Odoi Charway
Appellant
James Okpoti Mensah & Anor.
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Court of Appeal erred in declining the relistment of the motion for substitution due to delay
Ratio Decidendi
The appeal was dismissed because the appellant's delay in filing the motion for relistment was aggravated and unjustified, and the Court of Appeal was correct in declining the relistment.
Court Disposition
Appeal dismissed
Orders
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
13 - 05 - 2015 IN THE SUPERIOR COURT OF JUDICATURE, THE SUPREME COURT (CIVIL DIVISION) SITTING IN ACCRA ON WEDNESDAY THE 13TH DAY OF MAY, 2015 CORAM: ATUGUBA JSC (PRESIDING), ANSAH, BONNIE, BAMFO & AKAMBA JJSC. CIVIL APPEAL NO. J4/34/2014 KINGSFORD ODOI CHARWAY VRS. JAMES OKPOTI MENSAH & ANOR. Parties present. James Ahenkorah for the appellant. Raphael Alijina for the respondent. X X X BY COURT: In this case the motion for substitution sought to be relisted was struck out on 9/10/2012. The appellant filed his motion for relistment on 26/8/2013. In view of such aggravated tardiness the Court of Appeal rightly declined the same. There is no merit in this appeal. The appeal is accordingly dismissed. No order as to costs. (SGD) W. A. ATUGUBA JUSTICE OF THE SUPREME COURT (SGD) J. ANSAH JUSTICE OF THE SUPREME COURT (SGD) P. BAFFOE-BONNIE JUSTICE OF THE SUPREME COURT (SGD) V. AKOTO-BAMFO (MRS) JUSTICE OF THE SUPREME COURT (SGD) J. B. AKAMBA JUSTICE OF THE SUPREME COURT