LA DADEKOTOPON YOUTH ASSOCIATION vs. NII KPOBI TETTEY TSURU III (SUBST. BY NII OBODAI ADAI IV FOR AND ON BEHALF OF LA STOOL) 18 & ORS. AND EDMUND JOSEPH OBODAI MENSAH

This was an interlocutory appeal to the Supreme Court arising from proceedings in the Court of Appeal. The defendant/appellant/applicant in the Court of Appeal had appealed against a High Court decision dated 21 October 2014. After the record of appeal became ready and Civil Form 6 was served, the appellant failed to file written submissions within 21 days as required by rule 20(1) of the Court of Appeal Rules, 1997 (C.I. 19), as amended by C.I. 21 and C.I. 25. The Registrar therefore issued a certificate of non-compliance under rule 20(2) and listed the appeal before the Court of Appeal on summons to determine whether it should be struck out. Around the same time, the defaulting appellant filed a motion for extension of time to file the written submissions. Both matters came before the same panel on the same day. The summons for non-compliance was called first and adjourned sine die because of non-service of an affidavit in opposition on the opposing party. Thereafter, the motion for extension of time was heard despite objection by the opposing party, and the Court of Appeal granted the extension. The aggrieved party then brought this interlocutory appeal to the Supreme Court, contending that once a certificate of non-compliance had issued and come to the attention of the Court of Appeal, the court could not first hear an application for extension of time. Portion of judgment indicating this: “However, he failed to file his written submissions within 21 days... so the registrar issued a certificate of NonCompliance under Rule 20(2)... About the same time, the defendant filed a motion under Rule 20(1) for extension... The court overruled the objection, heard the application and granted defendant extended time...”