REPUBLIC
V.
HIGH COURT, KUMASI; EX PARTE KHOURY

(1991) JELR 65287 (SC)    
Supreme Court  ·  22 Jul 1991 ·  Ghana
CORAM
ADADE JSC, FRANCOIS JSC, AMUA-SEKYI JSC, OSEI-HWERE JSC, EDWARD WIREDU JJ.S.C.
Core Terms Beta
application
court of appeal
high court
court
notice of appeal
rule
extension of time
judgment
stay of execution
court of appeal rules
a. o. lawson
district court
appellate jurisdiction
following reliefs
hearing of the appeal
nye v
open court
order declaring
purported notice of appeal
registry of the high court
ruling of the high court
above article
adade j.s.c.
affirmative answer
appellate court
appropriate circumstances
culmination of certain previous rulings
defendant-respondent
exercise of his discretion
final decision
grant of stay
instant case
intending appellant
interpretation of the relevant rules
main issue
next time
normal course
peculiar application
plaintiff-applicant
policy rationale
prentice hall inc
purposes of argument
refuse leave
said appeal
simple reliefs
statutory parameters
supervisory jurisdiction of this court
time limits
transcript of the proceedings of the high court
trial court

ADADE J.S.C.: This application is as interesting as it is peculiar. In substance the plaintiff-applicant is asking this court, in an application for certiorari, to bring up and quash a notice of appeal filed by the defendant-respondent. The said appeal is to the Court of Appeal, from a ruling of the High Court. The notice of appeal (good or bad) is now pending in the Court of Appeal, and the applicant says that we should order this notice to be brought up and quashed. In his own words, the applicant wants:

“ . . . an order declaring and setting aside as null and void the purported notice of appeal to the Court of Appeal filed by A. O. Lawson [the defendant] on 12 September 1990 in the registry of the High Court, Kumasi in the case entitled Khoury v. Lawson (Misc 96/90).”

I find this a very peculiar application.

Giving the grounds for his application, the plaintiff says that the ruling sought to be appealed against was given on 28 August 1990; that it being interlocutory, the defendant ha…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login