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(1967) JELR 69065 (CA)

Court of Appeal 27 Feb 1967 Ghana
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- This case involves an appeal arising from a matrimonial cause determined by the High Court in 1963. - The appellant applied for an enlargement of time to bring an appeal against the decree absolute, arguing that the High Court had no juri

Case Details

Judges:AKUFO-ADDO C.J,OLLENNU JA,APALOO JA,LASSEY JA,AMISSAH J.A
Counsel:J. B. QUASHIE-IDUN FOR THE APPELLANT; K. NARAYAN FOR THE RESPONDENT.
Other Citations:[1967] GLR 76

AKUFO-ADDO C.J.: (In what follows a reference to “the court” or to “this court” shall where the context requires be read to include a reference to the predecessor of the existing Court of Appeal.) This is an appeal with a history, and it arises out of a matrimonial cause determined by the High Court, Accra, in 1963. On a petition filed by the wife (respondent in the present appeal) the High Court, Accra, on 8 January 1963 pronounced a decree absolute for the dissolution of her marriage with the appellant. An appeal from the decree absolute being a final judgment must according to our rules be brought within three months of the date of judgment unless an enlargement of time is granted under the provisions of rules 10 (1) and 10 (4) of the Supreme Court Rules, 1962 (L.I. 218).

On 15 June 1963 the appellant applied to this court for an enlargement of time under rule 10 (4) aforesaid to enable him to bring an appeal against the pronouncement of the decree absolute, the main ground of his i…

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