Roomjin Vrs Boadi [2016] GHASC 51 (14 July 2016)

Roomjin Vrs Boadi [2016] GHASC 51 (14 July 2016)

The appeal to the Court of Appeal was filed out of time as the rule in Morkor v Kuma did not apply; therefore, the Court of Appeal lacked jurisdiction and its judgment is set aside, restoring the High Court judgment.

Citation
[2016] GHASC 51
Parties
Plaintiff/respondent/appellant: Pieter Rodolph J. Roomjin; Defendant/appellant/respondent: George Kwabena Boadi
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 July 2016
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Summary Judgment, Appeal Out of Time, Jurisdiction, Setting Aside Judgment
Source Language
English
Civil Procedure Summary Judgment Appeal Out of Time Jurisdiction Setting Aside Judgment

Case Brief

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Parties

Pieter Rodolph J. Roomjin

Plaintiff/respondent/appellant

George Kwabena Boadi

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the appeal to the Court of Appeal was filed out of time
  2. 2 Whether the rule in Morkor v Kuma applies to the computation of time for appeal
  3. 3 Whether absence under Order 14 rule 9 includes non-attendance after filing an affidavit

Ratio Decidendi

The appeal to the Court of Appeal was filed out of time as the rule in Morkor v Kuma did not apply; therefore, the Court of Appeal lacked jurisdiction and its judgment is set aside, restoring the High Court judgment.

Court Disposition

appeal allowed

Orders

  • Judgment of the Court of Appeal set aside
  • Judgment of the High Court restored