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IN RE OPPONG (DECD.); MENSAH AND ANOTHER
V.
BEDIAKO

(1991) JELR 65996 (SC)

Supreme Court 8 Jul 1991 Ghana
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- The applicants lost an administration action before the High Court and on appeal before the Court of Appeal. - They were granted special leave to appeal to the Supreme Court. - The applicants failed to file a statement of their case withi

Case Details

Judges:ADADE JSC, WUAKU JSC, AMUA-SEKYI JSC, OSEI-HWERE JSC, EDWARD WIREDU JJ.S.C.
Counsel:J. K. AGYEMAN (WITH HIM MAJOR OSEI-BOATENG) FOR THE APPLICANT; RESPONDENT IN PERSON.

ADADE J.S.C.: I have already given my opinion on rule 66 of the Supreme Court Rules, 1970 (C.I. 13) in the ruling I read in Dei IX v. Darke XII [1991] 2 G.L.R. 318, S.C. this morning. I am of the view that this court has jurisdiction under rule 66 of C.I. 13 to extend the time in which an appellant may file a statement of his case pursuant to rule 13(1) of C.I. 13.

I have nothing to add to what I there said.

WUAKU J.S.C.

The applicants herein lost an administration action before the High Court, Kumasi, and again on an appeal before the Court of Appeal. The applicants were granted special leave to appeal to this court. The applicants duly fulfilled the conditions of appeal imposed upon them, and when the appeal record was ready, they were duly informed by the service on them of Form 5.

After the service on them, the applicants ought to have complied with rule 13(1) of the Supreme Court Rules, 1970 (C.I. 13). This they failed to do, and thus rule 13 (2) automatically became operative whereb…

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