NIBOI vs. ADDY AND OTHERS

ADJABENG JA. The plaintiffs-respondents took action by originating summons in the High Court, Accra, for the determination of certain questions. The court determined the questions in favour of the respondents. The defendant-applicant, being dissatisfied with the decision of the High Court appealed to this court. This court, on 20 February 1992 dismissed the defendant-applicant’s appeal and confirmed the decision of the High Court. The applicant, if desirous of appealing against the decision of this court, would, by the provisions of the Courts (Amendment) Law 1987 (PNDCL 191), require leave to do so, having lost twice. She could, when the judgment of this court was pronounced, immediately have applied orally for leave under section 3(2) of the Courts Act 1971 (Act 372), as amended by section 1 of PNDCL 191. But she did not do so. On 19 May 1992 however, almost three months after the delivery of the Court of Appeal decision, she filed the application now before us praying for leave .....