WILLIAM QUARTEY &TRADEX FOUNDATION vs. NEIL HAMMOND & ANOTHER & SETH QUARTEY & 2 OTHERS
  • IN THE SUPERIOR COURT OF JUDICATURE
    IN THE COURT OF APPEAL (CIVIL DIVISION)
    ACCRA - A.D 2017
WILLIAM QUARTEY AND TRADEX FOUNDATION - (Applicants)
NEIL HAMMOND & ANOTHER - (Respondent) AND SETH QUARTEY & 2 OTHERS (Claimants)

DATE:  20TH FEBRUARY, 2017
SUIT NO:  H3/253/2017
JUDGES:  A. M. A. DORDZIE (MRS.) JA – SITTING AS A SINGLE JUDGE
LAWYERS:  MR. TWUMASI FOR CLAIMANTS / APPELLANTS
MR. YANKEY FOR PLAINTIFFS/ RESPONDENTS / APPLICANTS
ANKRAH
BY COURT

Rule 9 of Court of Appeal Rules, 1997 C.I. 19 as amended sets out time limit for appeals from this court.

 

For an appeal against a final decision of this court the time limit is three months unless the Court extends the time; and the period allowed by statute within which extension could be granted is 3 months.

 

To succeed in an application for extension of time to appeal sub rules 4& 5 of rule 9 provide:

(4) “No application for extension of time in which to appeal shall be made after the expiration of three months from the expiration of the time prescribed by this rule within which an appeal may be brought.

(5) An application for extension of time must be supported by an affidavit setting out good and substantial reasons for the application and grounds of appeal which prima facie, show good cause for the extension of time to be granted.”

 

The decision the applicant herein is seeking to appeal against is not attached to this application but per the attached court notes, the decision was given on the 18th of February 2016, a year ago.

 

This application has been brought 6months after the grace period allowed by statute.

 

Apart from that the supporting affidavit has not disclosed any substantial good reasons for the application, neither has it disclosed the grounds of appeal which prima facie must show good cause for the extension.

 

The application is incompetent it is hereby dismissed.

 

sgd

A. M. A. DORDZIE

(JUSTICE OF THE APPEAL COURT)