[1960]DLHC10 • June 23, 1960 • High Court
APPARDU vs. ANGU II AND ANOTHER
The appellant sought leave to appeal against a decision of the Land Court which had dismissed an appeal from a local court. The appellant contended that the time limit for applying for special leave to appeal from the Land Court to the Court of Appeal was three months, relying on prior cases. The court was asked to determine the applicable time limit for such an application.
read moreJUDGMENT OF SMITH J. This is an application for leave to appeal against a decision of the Land Court dismissing an appeal from a local court. Counsel for the appellant submitted that the time limit within which to apply for special leave to appeal from the Land Court to the Court of Appeal was three months. He cited the cases of Lotsu v. Kudjey (13 W.A.C.A. 239) and Adama v. Lamley (unreported). I have considered these cases but in my view they are not applicable in the present issue. Counsel also remarked that there had been conflicting rulings given on this question by other judges in this country. I wish it had been possible for counsel to have cited these varying decisions. As I read the Court of Appeal Ordinance, 1957, section 4 and the Supreme Court (Court of Appeal) Rules 1957, section 10(1) and (2), the period within which an application must be made for special leave to appeal from the decision of the Land Court affirming the judgment of the local trial court is fourteen da...