Customer Support

ZELDA MARIA POKU
V.
ATTORNEY GENERAL, BERNARD KUFFOUR,INTERESTED PARTY

(2018) JELR 107459 (HC)

High Court 10 Oct 2018 Ghana
BriefBot icon

BriefBot Summary

Free

- Applicant sought extension of time to apply for judicial review of a judgment delivered on 2nd June, 2017, admitting she was out of time under Order 55 Rule 3(1)-(2) of C.I. 47, but relying on Order 80 Rule 4(1) for discretionary extensio

Case Details

Suit Number:GJ/1053/18
Judges:GIFTY AGYEI ADDO
Counsel:YVONNE ADOLE AUGUSTT, HOLDING THE BRIEF OF ISAAC EMMIL OSEI BONSU, FOR THE APPLICANT. MODESTA LEGIBO (ASSISTANT-STATE ATTORNEY, (WITH HIM SAMUEL BAMPO-PARE, (STATE ATTORNEY)) FOR THE RESPONDENTS. BAFFOUR GYAU BONSU AHYIA FOR THE INTERESTED PARTY.

MOTION ON NOTICE FOR EXTENSION OF TIME WITHIN WHICH TO APPLY FOR JUDICIAL REVIEW FILED ON 10TH SEPTEMBER, 2018, PURSUANT TO ORDER 80 RULE 4 (I) OF C. I. 47.

SUBMISSIONS OF APPLICANT COUNSEL.

We concede that we are out of time, per Order 55 Rule 3 (I) and (2) of C. I. 47.

However, Order 80 Rule 4 (I) of C. I. 47 permits the Court to extend the time within which the application for judicial review could be brought.

Our reasons for the lapse of time was occasioned by serious circumstances as deposed to in paragraphs 4 to 10 of our affidavit in support.

In support of our case is the Supreme Court decision of ESSILFIE V. ANAFI [1992] 2 GLR 667.

RESPONSE OF COUNSEL FOR THE RESPONDENT.

We are opposed to the instant application. The gravamen of our opposition is found in paragraphs 6 to 9 of the affidavit in opposition filed on 9th October, 2018.

Order 55 Rule 3 of C. I. 47 precludes the Applicant from coming to this Court for extension of time. This is because the judgemen…

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 77,000 cases, recent judgments, statutes, and rules of court.