[1967]DLCA1521 • February 27, 1967 • Court of Appeal
NYE vs. NYE
The case arises from a matrimonial cause where the High Court, Accra, in 1963, granted a decree absolute dissolving the marriage between the parties. The appellant (husband) sought to appeal against the decree, contending that the High Court lacked jurisdiction as both parties were British nationals residing in Ghana at the time. The appeal was filed out of time, and the appellant applied for enlargement of time to bring the appeal.
read moreJUDGMENT OF AKUFO-ADDO C.J. (In what follows a reference to “the court” or to “this court” shall where the context requires be read to include a reference to the predecessor of the existing Court of Appeal.) This is an appeal with a history, and it arises out of a matrimonial cause determined by the High Court, Accra, in 1963. On a petition filed by the wife (respondent in the present appeal) the High Court, Accra, on 8 January 1963 pronounced a decree absolute for the dissolution of her marriage with the appellant. An appeal from the decree absolute being a final judgment must according to our rules be brought within three months of the date of judgment unless an enlargement of time is granted under the provisions of rules 10 (1) and 10 (4) of the Supreme Court Rules, 1962 (L.I. 218). On 15 June 1963 the appellant applied to this court for an enlargement of time under rule 10 (4) aforesaid to enable him to bring an appeal against the pronouncement of the decree absolute, t...