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KWESI NYIMOH AND ANOTHER
V.
DADZIE

(1962) JELR 66009 (HC)

High Court 4 May 1962 Ghana
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- Application for special leave to appeal was refused as no new material grounds or prima facie error on the record were demonstrated. - Court affirmed that special leave requires either an error apparent on the face of the record, the esta

Case Details

Judges:SCOTT J.
Counsel:C. F. HAYFRON-BENJAMIN FOR D. MYLES ABADOO FOR THE DEFENDANT-APPLICANT; R. J. HAYFRON BENJAMIN FOR THE PLAINTIFFS-RESPONDENTS.
Other Citations:[1962] 1 GLR 327

SCOTT J.: This is an application by Nana Kobina Dadzie the defendant-appellant for special leave to appeal against a decision of this court on the 21st December, 1961, in which the judgment of the trial court was upheld. The application is made under the Courts Act, 1960,1(1) section 8 (1) proviso (a) (i).

Counsel for the defendant-appellant-applicant has argued his grounds for special leave to appeal with much vigour and ingenuity, but in the main the arguments advanced while attractively posed have been a repetition and reiteration of the arguments advanced at the hearing of the appeal.

Council for the respondents has contended that the prerequisites for the grant of special leave to appeal are either that there must be prima facie, an error on the face of the record, or that a general principle is being decided for the first time, or that a decision of the Supreme Court would be to the public advantage, and has further contended that not a single one of these elements is present in t…

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