PENKRO AND OTHERS vs. KUMNIPAH II

JUDGMENT OF SOWAH C.J. This is an application from the codefendant, Nana Kwakye Penkro, requesting this court to set aside its judgment dated 22 June 1987 (see Kumnipah II v. Ayirebi [1987-88] 1 G.L.R. 265, S.C. ante). The pertinent grounds for the prayer were: “17. That the ruling refusing ‘the application to review a review judgment’ was delivered on 30 March 1983 by the, Court of Appeal. 18. That notice of appeal to the Supreme Court was filed on 14 April 1983 and I attach herewith a photocopy of the said notice marked exhibit A. 19. That I am further reliably informed by our counsel and verily believe same to be true that in the case of Darke IV v. Darke IX [1984-86] 1 G.L.R. 481, S.C. the Supreme Court (coram Sowah, Adade, Taylor JJ.S.C., Edusei and Abban JJ.A.) struck out the appeal of the plaintiff-appellant because it was filed out of time: judgment had been delivered on 30 July 1979 and the application for leave to review by the full bench of the Court of Appeal wa...