JOSEPH BINEY vs. KINGSLEY AMANKWAH, TECNIK AGRICULTURAL CONSTRUCTION AND EQUIPMENT COMPANY LTD, TECNIK TRACTOR COMPANY LTD AND AMANK AGRICULTURAL EQUIPMENT COMPANY LTD

The application to amend the notice of appeal was objected to by opposing counsel on the ground that the application had been made at the wrong forum. In her submission, Rule 6(7) of the Supreme Court Rules C.I. 16 mandates the application to be brought before the Supreme Court. Rule 6(7) Reads: “Not withstanding Sub Rule (1) to (6) of this rule the court (a) may grant an appellant leave to amend the ground of appeal upon such terms as the court may think it; and (b) shall not, in deciding the appeal, confine itself to the grounds set forth by the appellant or be precluded for resting it’s decision on a ground not set forth by the appellant”. It is therefore clear that Rule 6(7) applies only when the appeal is entered at the Supreme Court by the transmission on the record from the Registry of this Court to the Registry of the Supreme Court and that court becomes seised with jurisdiction. Nor is Rule 7 canvassed by the learned counsel of the appellant/applicant, the applica...