[2013]DLSC17777 • August 1, 2013 • Supreme Court •
ACHEAMPONG vs. ODURO
The plaintiff-respondent, Muriel Oduro, initiated a land title and possession claim at the Circuit Court against the defendant-applicant, Isaac Acheampong. The Circuit Court ruled in favor of the defendant-applicant. On appeal, the Court of Appeal reversed this decision by a two to one majority in favor of the plaintiff-respondent. The defendant-applicant sought to appeal to the Supreme Court but missed the 14-day limitation period to apply for leave to appeal due to delay in obtaining the Court of Appeal judgment. He subsequently applied directly to the Supreme Court for special leave to appeal under Rule 7 of the Supreme Court Rules, 1996 (CI 16).
read moreRULING BENIN JSC sitting as a Single Justice of the Supreme Court. Article 131(1 )(b) and (2) of the 1992 Constitution under which the defendant respondent-applicant Isaac Acheampong (hereafter referred to as the defendant-applicant), has brought this application provides as follows: "131 (1) An appeal shall lie from a judgment of the Court of Appeal to the Supreme Court (b) with the leave of the Court of Appeal, in any other cause or matter, where the case was commenced in a court lower than the High Court or a Regional Tribunal and where the Court of Appeal is satisfied that the case involves a substantial question of law or is in the public interest. Notwithstanding clause 1 of this article, the Supreme Court may entertain an application for special leave to appeal to the Supreme Court in any cause or matter, civil or criminal, and may grant leave accordingly." The scope of these provisions, has received interpretation from this court in some cases two of which c....