BARCLAYS BANK (GH) LTD vs. GHANA CABLE CO LTD

The applicant, having lodged an appeal to the Supreme Court, failed to comply within time with conditions of appeal imposed by the Registrar of the Court of Appeal, including payment for preparation and transmission of the record and provision of security for costs. The applicant then brought a motion in the Court of Appeal seeking extension of time to fulfil those conditions. The respondent objected that the Court of Appeal lacked jurisdiction and that the proper forum was the Supreme Court. Portion of judgment: WOOD JA stated that “The applicant failed to comply with the conditions of appeal imposed by the registrar of this court in respect of the appeal he had lodged at the Supreme Court. He therefore filed this motion praying for an order extending the time within which he may carry out these obligations.” BADDOO JA further specified the conditions imposed on 25 January 1996 and the applicant’s failure to comply by 25 February 1996.

JUDGMENT OF WOOD JA. The applicant failed to comply with the conditions of appeal imposed by the registrar of this court in respect of the appeal he had lodged at the Supreme Court. He therefore filed this motion praying for an order extending the time within which he may carry out these obligations. But what started off as a simple motion for extension of time, sparked off a controversy as to the court clothed with jurisdiction to hear and determine such applications, namely applications for extension of time in which to fulfill conditions of appeal pending in the Supreme Court. The simple argument of the respondent’s counsel who raised the preliminary objection is that by the very clear provisions of rule 19 (4) of the Supreme Court Rules, 1970 (CI 13), the proper forum is the Supreme Court. In other words that this court has no jurisdiction. On the other hand, the basic arguments of the applicant’s counsel are that (1) the dictates of common sense show that this court s...