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MONICA ODEHE
V.
BENJAMIN MENSAH & 2 ORS

(2024) JELR 112822 (SC)

Supreme Court 13 Nov 2024 Ghana
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- The applicant is seeking special leave to appeal a judgment of the Court of Appeal. - The suit originated at the Circuit Court and the applicant filed a Notice of Appeal directly to the Supreme Court, which was a procedural error. - The a

Case Details

Suit Number:CIVIL MOTION NO. J8/81/2024
Judges:PWAMANG JSC (PRESIDING) KULENDI JSC GAEWU JSC DARKO ASARE JSC ADJEI-FRIMPONG JSC
Counsel:EDWIN KUSI-APPIAH ESQ. FOR THE PLAINTIFF/RESPONDENT/APPLICANT WITH FRED SETH THOMAS MIREKU JNR. & PAULINA OFFEIBEA ANSAH. ERIC ASUMAN-ADU ESQ. FOR THE DEFENDANTS/APPELLANTS/RESPONDENTS WITH SAMUEL ADUSA.

RULING

MAJORITY OPINION

ADJEI-FRIMPONG JSC:

This application invokes this Court’s jurisdiction to grant special leave to bring an appeal before it under Article 131(2) of the Constitution. The application has a brief antecedent.

On the 30th of March 2023 the Court of Appeal gave judgment against the Applicant (as Plaintiff/Respondent) in favour of the Respondent (as Defendant/Appellant). The judgment of the Court of Appeal is before us as Exhibit A. Significantly, the suit commenced at the Circuit Court from where the appeal lay to the Court of Appeal.

The Applicant initiated an appeal against the said judgment by filing a Notice of Appeal directly in this Court (Exhibit B). Apparently, that was a foul step. Being a judgment in a matter that had commenced in the Circuit Court, the Applicant could have appealed to this Court by leave of the Court of Appeal pursuant to Article 131(1)(b) of the Constitution. She had no right to appeal as of right. Conceding however, she attributes the error …

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