KARLETSE-PANIN vs. NURO

JUDGMENT OF KINGSLEY-NYINAH J.A. As I read and understand the facts and circumstances clear from the record of proceedings, the material data there provided places before us two distinct aspects for our careful consideration. To my mind, the dictates of primary justice and fair-play make these relatively more important and far-reaching than the purely technical question of whether “leave” was required of the defendant to appeal, and whether he dutifully complied with the mandatory provisions of section 19 (4) of the Courts Act, 1971 (Act 372), and sought and obtained that statutory permit to take his case beyond the limits of the District Court Grade II Duayaw-Nkwanta. The first aspect concerns the question whether there was justness, balance and propriety in the proceedings before the Duayaw-Nkwanta District Court Grade II; while the second has to do with the spirit and intendment, the true meaning and effect of section 19 (4) of Act 372 aforesaid, having relevant re...