Apro Ghana Ltd Vrs Akuffo & 2 Ors [2020] GHASC 89 (22 July 2020)

Apro Ghana Ltd Vrs Akuffo & 2 Ors [2020] GHASC 89 (22 July 2020)

The appeal to the Court of Appeal was filed outside the mandatory twenty-one day period for interlocutory appeals as prescribed by the rules. The High Court had no jurisdiction to grant extension of time for an appeal against the review ruling. The Court of Appeal's proceedings were a nullity for lack of jurisdiction, and all resulting orders are set aside.

Citation
Apro Ghana Ltd Vrs Akuffo & 2 Ors [2020] GHASC 89 (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 Final Judgment
Outcome
Appeal struck out for want of jurisdiction; Court of Appeal proceedings and orders set aside.
Legal Topics
Jurisdiction, Extension of Time, Interpleader Proceedings, Appeal Timelines, Review Applications
Source Language
eng
Civil Procedure Appellate Practice Jurisdiction Extension of Time Interpleader Proceedings Appeal Timelines 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 Final Judgment

Legal Issues

  1. 1 Whether the High Court had jurisdiction to grant extension of time to file an appeal against a review ruling
  2. 2 Whether the appeal to the Court of Appeal was competent given the timelines for interlocutory appeals
  3. 3 Whether the Court of Appeal had jurisdiction to entertain the appeal filed out of time

Ratio Decidendi

The appeal to the Court of Appeal was filed outside the mandatory twenty-one day period for interlocutory appeals as prescribed by the rules. The High Court had no jurisdiction to grant extension of time for an appeal against the review ruling. The Court of Appeal's proceedings were a nullity for lack of jurisdiction, and all resulting orders are set aside.

Court Disposition

Appeal struck out for want of jurisdiction; Court of Appeal proceedings and orders set aside.

Orders

  • All proceedings and orders of the Court of Appeal in respect of the review ruling are set aside.
  • The appeal before the Supreme Court is struck out.