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ESSILFIE AND OTHERS V. ANAFO AND OTHERS

(1992) JELR 65105 (SC)

Supreme Court  •  28 Jul 1992  •  Ghana

Coram
ARCHER C.J. JSC, ADADE JSC, FRANCOIS JSC, AMUA-SEKYI JSC, OSEI-HWERE JSC, EDWARD WIREDU JSC, BAMFORD-ADDO J.S.C.

Judgement

ARCHER C.J.: This is an application for extension of time for the filing of a statement of case. The applicant (an illiterate) deposed in his affidavit in support of the application that when he received the record of proceedings in October 1991, he approached his counsel in Kumasi to prosecute the appeal. Unfortunately, his counsel could not handle the appeal and he instead referred the application to another lawyer who also thought that in order to minimise costs, it would be better to brief counsel in Accra to deal with the appeal. But nothing was done until the applicant himself engaged the present counsel in this application who advised that leave should be sought to enable the statement of case to be filed out of time.

Learned counsel for the applicant relied on rule 66 of the Supreme Court Rules, 1970 (C.I. 13) and submitted that although there were two conflicting decisions as regards the applicability of rule 66 on the question of jurisdiction of this court, the application ne…

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