DENNIS TORGBENU, TORGBE KUDZE AND MICHAEL LARWEH MLORFE vs. TORGBE NAKAKPO DUGBAZA VIII

MARFUL-SAU, JSC: - This interlocutory appeal is taken against the ruling of the Court of Appeal, sitting at Ho. The facts of the case relevant to this appeal are that on the 18th of May 2016, the High Court, sitting at Sogakope delivered a ruling in an interlocutory matter which went against the Defendant/Appellant/Applicant/ Respondent herein referred to as Respondent. Dissatisfied with the said ruling the Respondent initiated an Appeal to the Court of Appeal, through a Notice of Appeal filed on the 9th of June 2016. Pursuant to the Notice of Appeal, the Respondent filed a Motion on Notice for Leave to file Additional Grounds of Appeal on the 25th April 2017. The Plaintiff/ Respondent/ Respondent/ Appellant, herein referred to as Appellant, resisted the application and raised a preliminary point of law as to the competence of the appeal filed by the Respondent. The Appellant argued that the Notice of Appeal filed by the Respondent was outside the prescribed 21 days allowed for Inte...