PENKRO AND OTHERS V. KUMNIPAH II

SOWAH C.J.: This is an application from the codefendant, Nana Kwakye Penkro, requesting this court to set aside its judgment dated 22 June 1987 (see Kumnipah II v. Ayirebi [1987-88] 1 G.L.R. 265, S.C. ante). The pertinent grounds for the prayer were:

“17. That the ruling refusing ‘the application to review a review judgment’ was delivered on 30 March 1983 by the, Court of Appeal. 18. That notice of appeal to the Supreme Court was filed on 14 April 1983 and I attach herewith a photocopy of the said notice marked exhibit A. 19. That I am further reliably informed by our counsel and verily believe same to be true that in the case of Darke IV v. Darke IX [1984-86] 1 G.L.R. 481, S.C. the Supreme Court (coram Sowah, Adade, Taylor JJ.S.C., Edusei and Abban JJ.A.) struck out the appeal of the plaintiff-appellant because it was filed out of time: judgment had been delivered on 30 July 1979 and the application for leave to review by the full bench of the Court of Appeal was filed on 15 August 19…