APPARDU v.

ANGU II AND ANOTHER

[1960] GLR 195

Division: IN THE HIGH COURT (LANDS DIVISION) SEKONDI

Date: 23RD JUNE, 1960
Before: SMITH, J.

Practice—Appeal to Court of Appeal from Land Court affirming decision of Native Court—Time
within which application must be made—Court of Appeal Ordinance 1957 s.4—Supreme Court
(Court of Appeal) Rules 1957 s.10 (1) and (2).

HEADNOTES
Held: the time within which an application must be made for special leave to appeal to the Court of
Appeal from a decision of the Land Court affirming the decision of a trial local court is fourteen days.
Note.— The repeal of the Court of Appeal Ordinance, 1957 by the Courts Act, 1960 does not affect
this decision. In Aryeetey v. Smith and Others, February 19, 1962 (High Court, Accra, Land Appeal
32/1961) the same point arose, Ollennu, J. expressing agreement with the decision given in the
present case.

CASES REFERRED TO
(1) Lotsu v. Kudjey 13 W.A.C.A. 239:
(2) Adama v. Lamley and Others W.A.C.A. 14th March, 1955, unreported.

NATURE OF PROCEEDINGS
APPLICATION for special leave to appeal to Court of Appeal from Land Court affirming decision
of local court.

COUNSEL
Hayfron-Benjamin for plaintiff-appellant.
Gwira for defendant-respondent.

JUDGMENT OF SMITH J.
This is an application for leave to appeal against a decision of the Land Court dismissing an appeal
from a local court. Counsel for the appellant submitted that the time limit within which to apply for
special leave to appeal from the Land Court to the Court of Appeal was three months. He cited the
cases of Lotsu v. Kudjey (13 W.A.C.A. 239) and Adama v. Lamley (unreported). I have considered
these cases but in my view they are not applicable in the present issue. Counsel also remarked that
there had been conflicting rulings given on this question by other judges in this country. I wish it had
been possible for counsel to have cited these varying decisions. As I read the Court of Appeal
Ordinance, 1957, section 4 and the Supreme Court (Court of Appeal) Rules 1957, section 10(1) and
(2), the period within which an application must be made for special leave to appeal from the decision
of the Land Court affirming the judgment of the local trial court is fourteen days. In my opinion the
present application is out of time and is dismissed.

DECISION
Application dismissed.