APRO GHANA LTD V. GENEVIEVE A AWARE & ORS

JUDGMENT

AVRIL LOVELACE-JOHNSON

The designation of the parties in the High Court will be maintained in this appeal. 

At the hearing of this appeal both counsel were directed to address this court on whether the high court had jurisdiction to make the order granting extension of time to the claimants on 29th July 2016 to file an appeal against the judgment and ruling of the high court dated 30th October 2015 and 7th April 2016 respectively.

This directive was made pursuant to Rule 6 sub rules 7(b) and 8 of the Supreme Court Rules 1996, C. I. 16 which provide as follows:

(7) Notwithstanding sub rules (1) to (6) of this rule the Court-

(a) ………

(b) Shall not, in deciding the appeal, confine itself to the grounds set forth by the appellant or be precluded from resting its decision on a ground not set forth by the appellant.

(8) Where the Court intends to rest a decision on a ground not set forth by the appellant in his notice of appeal or on any matter not argued before it, the Court shall affor…