[1966]DLSC1715June 13, 1966Supreme Court

LOGA vs. DAVORDZI AND OTHERS

The applicant sought enlargement of time to file an appeal against a final judgment of Sowah J. delivered on 25 June 1965. The motion was filed on 3 December 1965, over five months after the judgment. The respondents opposed the application as misconceived and frivolous. The main legal question concerned the proper construction of Rule 10 of the Supreme Court Rules, 1962, regarding time limits and jurisdiction for enlargement of time to appeal.

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JUDGMENT OF SARKODEE-ADDO C.J. The applicant by his counsel seeks by this motion made under rule 10 (1) of the Supreme Court Rules, 1962,1 enlargement of time to file an appeal to this court against a final judgment of Sowah J. delivered on 25 June 1965. The motion was filed at the registry of the court on 3 December 1965, that is, five months and eight days after the said judgment. The facts alleged by the applicant in his supporting affidavit and the allegations by the respondents in answer and in opposition to the application are controversial and, in the main, irrelevant for the purposes of this ruling, save and except that the respondents’ representative, by his affidavit, alleged thus: “(7) That I am informed by counsel and verily believe that this application is not properly before the Supreme Court. (8) That I am further informed by counsel and verily believe that the application is altogether misconceived and frivolous. And in the circumstances the respondents pray for t...