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MRS. ELIZABETH ANOKYE V. MRS MARGARET OSEI AND 8 OTHERS

(2008) JELR 68443 (SC)

Supreme Court  •  CIVIL MOTION NO J8/2/2007  •  5 Mar 2008  •  Ghana

Coram
MRS. WOOD C.J. (PRESIDING), BROBBEY J.S.C., ANSAH J.S.C., MRS. ADINYIRA J.S.C., ASIAMAH J.S.C.

Judgement

RULING

MRS. WOOD, C.J.

In this motion, the Appellant Applicants pray for special leave to appeal the decision of the Court of Appeal dated the 15th of April 2005 and a stay of execution of the said decision. They contend that owing to a procedural blunder, albeit on the part of their counsel — failing to obtain leave before filing their initial appeal, — and other matters relative to it, they have been disabled from filing a competent appeal within the time stipulated under the Supreme Court rules CI 16. The application is brought under Article 131 (1) (b), Article 131 (2) of the Constitution and section 4 (2) of the Courts Act, Act 459 rules 7(2) and (4) of the Supreme Court Rules, CI 16. I do not think the issues raised by this application require a setting out in extenso of the various constitutional and other statutory provisions on which the application is based. The respondents do not in any event challenge their applicability. Their contention simply is that they are not entitled…

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