REPUBLIC
V.
ESHUN AND ANOTHER

(1999) JELR 69512 (CA)    
Court of Appeal  ·  28 Jan 1999 ·  Ghana
 · 
Other Citations
[1999-2000] 1 GLR 324
CORAM
WOOD JA,BROBBEY JA,BENIN JA
Core Terms Beta
appeal
court
extension of time
applicant
counsel
preliminary legal point
dismissal
preliminary point
court of appeal rules
courts act
inordinate delay
legal grounds
petition of appeal
reason
substantial reasons
use of the word
additional grounds of appeal
applicant counsel’s answers
application fail
applications of this kind
assistant state attorney
attorney-general’s department
copy of the petition of appeal
court of competent jurisdiction
criminal appeal
criminal matter
decision of the western regional tribunal
duty of counsel
first place
full facts
good reason
hearing of the appeal
instant case
leave ought
main reasons
mandatory provisions of rule
mr anthony rexford wiredu
mr m k afriyie
offences of conspiracy
p k e donkor esq
republic-applicant
said affidavit
said reason
second place
state insurance corporation
such challenge
such grounds
support of the application
true sense of the word
unusual step

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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