HALLE AND SONS S. A V. BANK OF GHANA & ANOR.

BY   COURT;

The application for extension of time is granted taking into account the fact that the Respondent is not opposing the same.  Counsel may therefore proceed.

Counsel for the Applicant moves application for Review in other pleadings filed.

Submits that the High Court’s summary judgment was an interlocutory decision not final and therefore there was no jurisdiction under the Court of Appeal Rules (R. 9) to grant extension of time after the 21 days expired.

Submits the judgment didn’t determine the final rights of the parties.  When summary judgment is set aside trial on the merits was ordered.  Therefore submits as interlocutory judgment, the time for filing the appeal could not be extended.  Refers to Faroe Atlantic case, opinion per Twum JSC and says it was aluter.

Submits that when a matter is not heard on the merits, it can only be interlocutory.  Refers to case of Koranteng v. Amoako as in support also refers to Atta Kwadwo  v. Badu.

Counsel for Respondent counters that the cla…