PRACTICE NOTE: ARYEETEY V. SMITH

OLLENNU J.: The only rules which apply to the initiation of appeal proceedings to the Supreme Court are the Supreme Court Rules, 1957, therefore it is to those rules that we must look for authority, if any, to exercise jurisdiction in this matter.

Now the powers of the Supreme Court and of the High Court to enlarge time in matters connected with interlocutory proceedings for appeal from the High Court to the Supreme Court are given expressly by rule 11 (1) and implicitly by rule 11 (4). Rule 11 (1) says:

“Subject to any law for the time being in force no appeal shall be brought after the expiration of fourteen days in the case of an appeal against an interlocutory decision or of three months in the case of an appeal against a final decision, unless the court below or the court shall enlarge the time.”

and rule 11 (4) says:

“No application for enlargement of time in which to appeal shall be made after the expiration of one month from the expiration of the time prescribed within which an ap…