[2007]DLCA7013 • July 13, 2007 • Court of Appeal
EXCEL LOGISTICS GH LTD. vs. GPRTU OF TUC
The appellant, Excel Logistics Ghana Ltd., filed an appeal against a judgment of the High Court, Tema, delivered on 27th August 2004. The appeal concerned procedural compliance with the Court of Appeal Rules regarding the timely filing of the statement of case following notification that the record was ready. The respondents, GPRTU of TUC, raised a preliminary objection challenging the competence of the appeal due to the appellant's failure to file the statement of case within the prescribed time or obtain leave to file out of time.
read moreAKAMBA, J.A This is a motion filed against the hearing of this appeal. Before dealing with the substantive appeal filed on 3rd September 2004 at the High Court Tema against the judgment delivered on 27th August 2004 by the said High Court, it is important to first surmount this procedural obstacle raised by way of preliminary objection which we intend to address. The plaintiffs/respondents (hereinafter simply referred as the respondents) filed a separate and independent notice of their intention to rely upon a preliminary objection on 13th April 2006, the same date that they (respondents) filed their written submission. It is reasonable to infer that by the sequence of filing the notice, the same being a motion at the same time with the written submission, the motion is presumed to have been filed first and ought to be dealt with before considering the written submission. This position is also supported by the opening arguments in the respondents written arguments which urge that t...