OTOO vs. DUA

Lamptey J.A. delivered the judgment of himself and of Essiem J.A. After hearing an interlocutory motion, Lutterodt J. read her ruling on 28 February 1990. On 12 April 1990, the trial judge delivered her “final order” in that interlocutory application. She dismissed the action of the plaintiff. Aggrieved by the “ruling” and the “final order”, the plaintiff filed a notice of appeal in the following terms: “Take notice that the plaintiff-applicant herein being totally dissatisfied with the ruling of Lutterodt J. delivered on 28 February 1990 and the order made pursuant thereto on 12 April 1990 doth hereby appeal to the Court of Appeal.” When the appeal came before us, learned counsel for the defendant-respondent (hereinafter referred to as the respondent) raised a preliminary objection based on the grounds that: (1) the notice of appeal was incompetent in the form in which it was couched; and (2) the appeal against the ruling of the 28 February 1990 was filed out of time...