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PENKRO AND OTHERS
V.
KUMNIPAH II

(1987) JELR 66475 (SC)

Supreme Court 26 Nov 1987 Ghana
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- The defendant, Nana Kwakye Penkro, is requesting the court to set aside its judgment dated 22 June 1987. - The grounds for the request include the argument that the appeal to the Supreme Court was filed out of time and that the decision o

Case Details

Judges:SOWAH C.J., ADADE JSC,TAYLOR JSC,FRANCOIS J.S.C. ,ABBAN J.A.
Counsel:ENOCH D. KOM (WITH HIM HAYIBOR AND MRS CUDJOE) FOR THE APPLICANTS; R. S. AGBENOTO (WITH HIM DADSON) FOR THE RESPONDENT.

SOWAH C.J.: This is an application from the codefendant, Nana Kwakye Penkro, requesting this court to set aside its judgment dated 22 June 1987 (see Kumnipah II v. Ayirebi [1987-88] 1 G.L.R. 265, S.C. ante). The pertinent grounds for the prayer were:

“17. That the ruling refusing ‘the application to review a review judgment’ was delivered on 30 March 1983 by the, Court of Appeal. 18. That notice of appeal to the Supreme Court was filed on 14 April 1983 and I attach herewith a photocopy of the said notice marked exhibit A. 19. That I am further reliably informed by our counsel and verily believe same to be true that in the case of Darke IV v. Darke IX [1984-86] 1 G.L.R. 481, S.C. the Supreme Court (coram Sowah, Adade, Taylor JJ.S.C., Edusei and Abban JJ.A.) struck out the appeal of the plaintiff-appellant because it was filed out of time: judgment had been delivered on 30 July 1979 and the application for leave to review by the full bench of the Court of Appeal was filed on 15 August 19…

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