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ASIBEY III AND ANOTHER V. AYISI

(1974) JELR 68017 (CA)

Court of Appeal  •  6 May 1974  •  Ghana

Coram
AZU CRABBE C.J.,LASSEY JA,ARCHER J.A.

Judgement

AZU CRABBE C.J.: Azu Crabbe C.J. delivered the ruling of the court. On 28 July 1973, counsel for the applicant filed at the Registry of the Court of Appeal a notice of motion pursuant to the provisions of article 105 clause (1) (c) of the Constitution, 1969. These provisions read as follows:

“An appeal shall lie from a judgment, decree or order of the Court of Appeal to the Supreme Court, . . . (c) with the leave of the Court of Appeal, in any other cause or matter, civil or criminal, where the Court of Appeal is satisfied that the case involves a substantial question of law or is of public importance.”

See also subsection (1) (d) of section 3 of the Courts Act, 1971 (Act 372).

The application in this case was for leave to appeal to the Supreme Court against the decision of the Court of Appeal in Asibey III v. Ayisi [1973] 1 G.L.R. 102.

On 13 September 1972, the Supreme Court was abolished by virtue of section 1 of the Courts (Amendment) Decree, 1972 (N.R.C.D. 101), and it was provided b…

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