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MURIEL ABREFI ODURO VRS. ISAAC KWAME ACHEAPONG

(2013) JELR 107009 (SC)

Supreme Court 1 Aug 2013 Ghana
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- The case involves an application for special leave to appeal to the Supreme Court under Article 131 of the 1992 Constitution. - The applicant sought to appeal a decision of the Court of Appeal, but missed the 14-day limitation period. - T

Case Details

Suit Number:CIVIL MOTION No. J8/84/2013
Judges:BENIN, J.S.C
Counsel:K. ADJEI-LARTEY FOR THE DEFENDANT/RESPONDENT/APPLICANT. ADJABENG AKRASI FOR THE PLAINTIFF/APPELLANT/RESPONDENT.

 RULING

BENIN, JSC:-  

Article 131 of the 1992 Constitution under which this application has been brought has these material provisions:

  1. An appeal shall lie from a judgment of the Court of Appeal to the Supreme Court-……..(b) with the leave of the Court of Appeal, in any other cause or matter, where the case was commenced in a court lower than the High Court or a Regional Tribunal and where the Court of Appeal is satisfied that the case involves a substantial question of law or is in the public interest.
  2. Notwithstanding clause 1 of this article, the Supreme Court may entertain application for special leave to appeal to the Supreme Court in any cause or matter, civil or criminal, and may grant leave accordingly.

The scope of these provisions has received interpretation from this court in some cases two of which Counsel for the respondent cited in his submissions in this application. These cases are DOLPHYNE (NO. 2) v. SPEEDLINE STEVEDORING CO LTD. (1996-97) SCGLR 373; and NSIAH v. AMANKWAAH …

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