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REPUBLIC
V.
ESHUN AND ANOTHER

(1999) JELR 69512 (CA)

Court of Appeal 28 Jan 1999 Ghana
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- The Republic is seeking an extension of time to appeal against the decision of the Western Regional Tribunal. - The respondents were acquitted and discharged on charges of conspiracy to steal and stealing ¢1.6 million from their employers

Case Details

Judges:WOOD JA,BROBBEY JA,BENIN JA
Counsel:P K E DONKOR FOR THE RESPONDENTS; M K AFRIYIE PRINCIPAL STATE ATTORNEY FOR THE REPUBLIC APPLICANT.
Other Citations:[1999-2000] 1 GLR 324

WOOD JA.: By this motion, the Republic-applicant seeks an extension of time within which to appeal against the decision of the Western Regional Tribunal delivered on 23 June 1993 by which the respondents were acquitted and discharged on the offences of conspiracy to steal and stealing the sum of ¢1.6 million, property of their employers—the State Insurance Corporation.

The affidavit in support of the application, which is brought under section 11(6) of the Courts Act, 1993 (Act 459) discloses the reason for the delay. The said reason as is contained paragraph (5) of the said affidavit states: “that the result of the trial was not brought until 2 August 1993.” That still does not explain why the delay for almost four years. It is when one reads the affidavit in opposition that one gets the full facts, particularly the reason for the inordinate delay.

Frankly, I think counsel for the Republic had not been candid to this court. It is the duty of counsel in applications of this kind to make…

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