JONAS ADDO MCKAY & ORS VS. DANIEL MENSAH & ANOR

R U L I N G

DENNIS ADJEI, J.A.:

This application was brought under Rule 34 of the Court of Appeal Rules, 1997, C. I. 19.  It provides as follows: -

“The Court shall not review a judgment after it has been delivered unless it is satisfied that the circumstances of the case are exceptional and that in the interest of Justice there should be a review.”

On 16th January, 2012 the 1st Defendant/Appellant/Applicant’s application for a repeat stay execution of the judgments delivered by the High Court on 25th October 2010 and 19th January 2011 were dismissed by this Court because the Court was of the opinion that both appeals were filed out of time and there was no appeal pending to cloth the Court with jurisdiction to entertain the application.  The applicant’s contention is that the appeal filed against the order made on 19th January 2011 was filed within time and this Court erred in law when it held that the appeals against both decisions were filed out of time.  It is therefore the case of …