[1976]DLHC388 • May 21, 1976 • High Court
GHANA CARGO HANDLING CORPORATION vs. STATE TRANSPORT CORPORATION
The case concerns a procedural dispute following a Court of Appeal order remitting the suit to the High Court with a directive to dispose of the case within two months. Due to a heavy civil list and multiple adjournments, the High Court had not disposed of the case within the stipulated time. The plaintiffs filed an application to withdraw money paid into court, which the defendants challenged on the basis that the High Court lacked jurisdiction to entertain the application after the two-month period had expired.
read moreJUDGMENT OF EDUSEI J. On 21 October 1975, the Court of Appeal allowed an appeal in respect of this case and made the following order. “We also remit this suit to the High Court and direct that it shall be heard and disposed of not later than two months from the date hereof. This case has not been disposed of within the time stipulated by the order of Court of Appeal for the simple reason that the civil list of the High Court which is now assigned to one judge is so heavy that sometimes at one sitting as many as between 30 and 60 cases are listed for hearing in the High Court. Cases therefore are adjourned from time to time in the interest of justice. It is humanly impossible for any one judge who has to write down all proceedings to go through such a list in one day. Besides, other cases which require prompt hearing and determination by the High Court are still pending before the court. Be that as it may, an application was filed on 3 March 1976 by the plaintiffs p.....