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OPANIN KWEKU ANSAH & ORS. V. SETH MENSAH ATSEM & ORS.

(2002) JELR 68233 (SC)

Supreme Court  •  CM NO. 38/2002  •  24 Jul 2002  •  Ghana

Coram
MRS BAMFORD-ADDO J.S.C. (PRESIDING),KPEGAH J.S.C.,ADJABENG J.S.C,ADZOE J.S.C,AFREH J.S.C.

Judgement

JOYCE BAMFORD-ADDO J.S.C.: This is an application for special leave by Plaintiff/Respondent/Appellants to enable them to Appeal to the Supreme Court against the judgment of the Court of Appeal dated 23rd July 1998 in the above-mention case.

This application is made under Article 131(2) of the Constitution and Rule 7(4) of C.I. 16.

Even though the normal time limited for Appeal from a decision of the Court of Appeal in civil matters is 90 days under rule 8(b) of C.I. 16, in this case applicants having run out of time have now come to this Court to ask for special leave to appeal almost 4 years after the judgment of the Court of Appeal sought to be appealed was given By:

“Article 131(2) Notwithstanding clause (1) of this Article the Supreme Court may entertain an application for special leave to appeal to the Supreme Court in any cause or matter, civil or, criminal and may grant leave accordingly.”

See also the provisions of Rule 7(4) of C.I. 16 to similar effect. The power to grant special…

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