Apro Ghana Ltd Vrs Akuffo and Others [2020] GHASC 46 (22 July 2020)

Apro Ghana Ltd Vrs Akuffo and Others [2020] GHASC 46 (22 July 2020)

The Court of Appeal lacked jurisdiction to entertain the appeal as it was filed outside the statutory period of twenty-one days for interlocutory decisions. The High Court had no jurisdiction to grant extension of time for appeal against the review ruling. All proceedings and orders made by the Court of Appeal are a nullity and are set aside.

Citation
Apro Ghana Ltd Vrs Akuffo and Others [2020] GHASC 46 (22 July 2020)
Parties
Plaintiff/respondent/appellant: APRO GHANA LTD.; Defendant: Michael Asante Akuffo; Defendant: Calister N. Akuffo; Defendant: Akuffo K. Asante; Claimant/appellant/respondent: Genevieve A. Aware; Claimant/appellant/respondent: Top Principles Ltd; Claimant/appellant/respondent: Nice Things Ltd; Claimant/appellant/respondent: Gloria Ofosu Koranteng; Claimant/appellant/respondent: Akwasi Appiah
Court
ghasc
Jurisdiction
Ghana
Judgment Date
22 July 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal struck out
Legal Topics
Extension of Time, Interpleader Proceedings, Appeal Timelines, Jurisdiction, Review Applications
Source Language
eng
Civil Procedure Appellate Jurisdiction Extension of Time Interpleader Proceedings Appeal Timelines Jurisdiction Review Applications

Case Brief

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Parties

APRO GHANA LTD.

Plaintiff/respondent/appellant

Michael Asante Akuffo

Defendant

Calister N. Akuffo

Defendant

Akuffo K. Asante

Defendant

Genevieve A. Aware

Claimant/appellant/respondent

Top Principles Ltd

Claimant/appellant/respondent

Nice Things Ltd

Claimant/appellant/respondent

Gloria Ofosu Koranteng

Claimant/appellant/respondent

Akwasi Appiah

Claimant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the High Court had jurisdiction to grant extension of time to file appeal after review application was refused
  2. 2 Whether the Court of Appeal had jurisdiction to entertain appeal filed outside statutory period
  3. 3 Whether judgment arising out of interpleader proceedings is final or interlocutory

Ratio Decidendi

The Court of Appeal lacked jurisdiction to entertain the appeal as it was filed outside the statutory period of twenty-one days for interlocutory decisions. The High Court had no jurisdiction to grant extension of time for appeal against the review ruling. All proceedings and orders made by the Court of Appeal are a nullity and are set aside.

Court Disposition

appeal struck out

Orders

  • All proceedings and orders made by the Court of Appeal are set aside.
  • Appeal before the Supreme Court is struck out.