[2024]DLSC17898 • November 13, 2024 • Supreme Court •
MONICA ODEHE vs. BENJAMIN MENSAH & 2 ORS
The applicant, Monica Odehe, initiated a suit at the Circuit Court which was appealed to the Court of Appeal, resulting in a judgment against her on 30 March 2023. She erroneously filed a Notice of Appeal directly to the Supreme Court without first obtaining leave from the Court of Appeal as required by Article 1311b of the Constitution. After withdrawing the defective Notice of Appeal, she filed an application for special leave to appeal to the Supreme Court under Article 1312. The respondents opposed the application, arguing non-compliance with procedural requirements and delay.
read moreRULING MAJORITY OPINION ADJEI-FRIMPONG JSC: This application invokes this Court’s jurisdiction to grant special leave to bring an appeal before it under Article 131(2) of the Constitution. The application has a brief antecedent. On the 30th of March 2023 the Court of Appeal gave judgment against the Applicant (as Plaintiff/Respondent) in favour of the Respondent (as Defendant/Appellant). The judgment of the Court of Appeal is before us as Exhibit A. Significantly, the suit commenced at the Circuit Court from where the appeal lay to the Court of Appeal. The Applicant initiated an appeal against the said judgment by filing a Notice of Appeal directly in this Court (Exhibit B). Apparently, that was a foul step. Being a judgment in a matter that had commenced in the Circuit Court, the Applicant could have appealed to this Court by leave of the Court of Appeal pursuant to Article 131(1)(b) of the Constitution. She had no right to appeal as of right. Conceding however, she.....