NYE vs. NYE - [1964]DLSC1934

NYE vs. NYE

The applicant-husband sought an enlargement of time to appeal against a final divorce decree made absolute by the High Court, Accra, on 8 January 1963 in favour of the respondent-wife. He contended that the High Court lacked jurisdiction to entertain the divorce petition because both parties were domiciled in England, and that the decree was therefore a nullity. The respondent resisted the application, arguing both that the Supreme Court lacked power to enlarge time beyond the period contemplated by the rules and that the divorce jurisdiction could be supported on residence. Portion of judgment: “On 8 January 1963, the High Court, Accra, made absolute, a decree nisi ... dissolving the latter’s marriage with the applicant. The husband ... seeks by this motion, enlargement of time to file an appeal against the said decree on the ground that the High Court had no jurisdiction to entertain the petition and that therefore the proceedings and decree were a nullity.”

JUDGMENT OF APALOO J. On 8 January 1963, the High Court, Accra, made absolute, a decree nisi which it granted in favour of the petitioner-respondent dissolving the latter’s marriage with the applicant. The husband who is the present applicant, seeks by this motion, enlargement of time to file an appeal against the said decree on the ground that the High Court had no jurisdiction to entertain the petition and that therefore the proceedings and decree were a nullity. To succeed in this application, it seems to me that the applicant must surmount two legal hurdles, firstly, he must show that this court has power to grant this motion and secondly, he must satisfy this court that in all the circumstances, it is a proper case to grant an enlargement of time. That the appeal is wholly out of time is not in dispute. Counsel for the applicant however submits that this court has power to enlarge the time and points to rule 10 (1) of the Supreme Court Rules, 1962,1 (hereinafter called the n.....