LECTURE AT THE GHANA BAR ASSOCIATION CONFERENCE, IN
TAKORADI, BY, JUSTICE DENNIS ADJEI
APPLICATIONS BEFORE THE COURT OF APPEAL
The Jurisdiction of the Court of Appeal is an appellate one. The Court of Appeal
can exercise jurisdiction in a matter where the law prescribes that an application to
the Court shall be a repeat application. Presently, the known repeat applications are
an application for bail where the matter is being heard by the High Court or the
Regional Tribunal and application for enlargement of time within which to appeal
in both civil and criminal matters in final decisions. All other applications may be
filed when notice to appeal has been filed.
The Jurisdiction of the Court of Appeal is created by Article 137 of the 1992
Constitution of the Republic of Ghana and section 11 of the Courts Act, 1993( Act
459). Article 137 of the Constitution provides as follows:
Clause 1: The Court of Appeal shall have jurisdiction throughout Ghana to hear
and determine, subject to the provisions of this Constitution, appeals from a
judgment, decree or order of the High Court and Regional Tribunals and such other
appellate jurisdictions as may be conferred on it by this Court or any other law
Clause 2: except as otherwise provided in this Constitution, an appeal shall lie as of
right from a judgment, decree or order of the High Court in a Regional Tribunal to
the Court of Appeal.
Section 11 of the Courts Act, Act 459 expands the jurisdiction conferred on the
Court of Appeal by the Constitution. It provides as follows:
1. In accordance with Article 137 of the Constitution, the Court of Appeal has
jurisdiction to hear and determine subject to the Constitution, appeals from a
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Judgment decree or an order of the High Court or a Regional Tribunal and
any other appellate jurisdiction conferred on it by the Constitution or any
other law
2. except as otherwise provided in the Constitution, an appeal lies as of right
from a judgment, decree or order of the High Court and a Regional Tribunal
to the Court of Appeal .
3. The Court of Appeal shall have
a. Jurisdiction to hear appeals from a Judgment of the Circuit Court in a
Civil cause or matter and
b. In cause or matter in which jurisdiction is conferred on the Court of
Appeal under any other enactment
4. A person aggrieved by a Judgment of a Circuit Court in a civil cause or
matter may appeal against the judgment to the Court of Appeal.
5. A person aggrieved by an interlocutory order or decision made or given by a
Circuit Court may appeal to the Court of Appeal against the order or
decision with the leave of the Circuit Court, and upon a refusal, with the
leave of the Court of Appeal, and the Court of Appeal has jurisdiction to
hear and determine that appeal
6. Where a party desires to appeal to the Court of Appeal in a criminal case that
party shall give notice of Appeal or notice of an application for leave to
appeal within one month of the decision appealed against
7. The Court of Appeal or the Court whose decision is appealed against may
extend the time specified in subsection 6
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From the above provisions of the Constitution and the Courts Act, the Court of
Appeal hears all civil appeals – final and interlocutory from the circuit court and
the High Court. It further hears all criminal appeals- both final and interlocutory
from the High Court and the Regional Tribunals. The Court of Appeal hears
appeals from an order, direction or decision given by the Labour Commission in
the case of unfair labour practice. See section 134 of the Labour Act, (Act 651).
The Court of Appeal rules C.I 19 regulates all appeals to the Court of Appeal. It
starts from the filing of notice up to Judgment.
The law provides for two types of appeals- interlocutory and final and a potential
appellant must ensure that he or she complies with the condition precedent laid
down by law conferring the right of appeal. If the potential appellant fails to vest
him or herself with the condition precedent to the vesting of the right to appeal, the
right will not be vested. The Supreme Court in the case of Frimpong v. Poku
(1963) 2 GLR 1 @p 6, the Court speaking through AkuffoAddo JSC as he then
was, held thus:
“A right of appeal is always conferred by statute, and when the statute
conferring the right lays down conditions precedent to the vesting of that
right in a litigant it is essential that those conditions must be strictly
performed otherwise that right does not become vested.”
Time Limit for Appealing
The time within which to appeal is regulated by R 9 of C.I. 19 and section 11 of
the Courts Act, Act 459.
Interlocutory Appeals
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Interlocutory Appeals in civil matters from the High Court to the Court of Appeal
shall be filed within 21 days of the order complained of. If an interlocutory appeal
from the High Court is not filed within the 21 days, the appellant willlose his right
of appeal. In Civil appeals- interlocutory from the Circuit Court to the Court of
Appeal, the notice of appeal shall be filed within 21 days with the leave of the
Circuit Court and upon a refusal with the leave of the Court of Appeal. In the
Court of Appeal case of NsokoduaCooperative Society v. S.K Wiafe& 5 Ors
delivered on 16/12/2010 (unreported), the appellants in the case filed an
interlocutory appeal from the circuit court to the Court of Appeal without leave of
any of the Courts. The parties filed their respective written submissions. When the
appeal came on for hearing the Respondent submitted to Judgment. The Court of
Appeal held that the appeal was a nullity because it was filed contrary to law. The
Court further held that the parties and their lawyers cannot confer jurisdiction on
the Court where the appellant has failed to comply with the law creating the
appeal.
It must be noted that in interlocutory appeals- civil, none of the parties can apply
for extension of time. There are several Court of Appeal decisions to that effect
and the decisions are based on r 9 (1)(2)(3)(4) of C.I.19. r 9 of C.I. 19 and r 8 of
the Supreme Court Rules C.I. 16 are in parimateria. The Supreme Court in the case
of Bosompem&ors v Tetteh Kwame [2011]1SCGLR 397 in construing r 8 of C.I
16 held that extension of time against an interlocutory decision or order could not
be granted after the expiration of the 21 days provided by the rules.
Final Appeals in Civil Cases
Final Appeals from the High Court and the Circuit Court to the Court of Appeal
are filed as of right within three months from the date the decision, Judgment or
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the order was given. The law is that time starts running from the date the Judgment
was pronounced and not the day reasons were given. See Rule 9(2) of C.I. 19. If a
potential appellant fails to avail him or herself within the three months period, he
or she may apply for extension of time within which to file an appeal. The
applicant must give good and substantial reasons for the application. Application
for extension of time shall not be made after the expiration of the three months
within which an appeal is filed as of right. See Rule 9 (4) of C.I. 19. In other words
no application for extension of time shall be filed after six months from the date of
delivery of the Judgment. R 9 (8) of C.I 19 enjoins the applicant to file the
application for extension of time at the Court below and if it is not considered after
one month, the applicant may move the Court of Appeal to determine the
application. The law is also settled that, if application is filed within three months
and has not been determined by the Court, the application will be deemed to be
properly pending. The Supreme Court discussed the effect of r 9(8) in the case of
HALLE & SONNS SA v. Bank of Ghana & Warm Weather Enterprise Ltd
[2011] 1 SCGLR 378. See holdings one and four of the head notes.
Criminal Appeals
Criminal Appeals from the regional and the Circuit Courts are filed as of right
within 30 days from the date of the Judgment or decision or order appealed against.
The law does not make a distinction between interlocutory appeals and final
appeals. See Section 11 (6) of the Courts Act, (Act 459). An applicant may apply
for extension of time within which to file an appeal in a criminal matter but the
applicant must demonstrate that he has a substantial ground for not availing
himself within the one month of the decision appealed against. In the case of
application for extension of time in criminal appeals the applicant may apply to the
trial court or to the Court of Appeal and this makes it different from the civil
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appeals in which the applicant must apply to the trial court and upon refusal or
after the expiration of one month may repeat to the Court of Appeal. Rule 28 of C.I
19 provides as follows:
“ Subject to these Rules and to any other enactment, where under an enactment an application
may be made to the Court below or to the Court, it shall be made in the first instance to the
Court below, but if the Court below refuses to grant the application, the applicant is entitled to
have the application determined by the Court”.
The Court of Appeal has taken the view that Rule 28 of C.I 19 is in respect of civil
matters only and therefore not applicable to section 11(7) of Act 459. Rule 28 falls
under civil appeal part of C.I 19
Applications
Every application at the Court of Appeal is supported by an affidavit.
Affidavits
Content of Affidavits
Affidavits are governed by order 20 of C.I 47. The Court of Appeal requires
lawyers to comply rigidly with affidavits and its form as provided in order 20(4) of
C.I 47. The deponent must state his/her name, place of residence and his
occupation. If he/she has none, he/she should also state it. For example, if the
deponent is homeless he must state so. If his/her place of abode/ residence is
unnumbered he/she should state the town, suburb or street, if any and should
further state that it is unnumbered. If he/she is unemployed he/she should state
same.
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Where the deponent is illiterate or blind, there should be a jurat. There should not
be cancellations, alterations, erasures and interlineations in the affidavit. An
affidavit which should have had a jurat but was not provided cannot be used
without the leave of the court. Furthermore, where there are cancelations,
alterations, erasures and interlineation, and were not initialed, and sworn before an
appropriate person whom the affidavit was sworn, it cannot be used without the
leave of the court. A lawyer cannot correct an affidavit sworn to by the deponent
with an ink because it is evidence on oath by the deponent and not the lawyer.
An affidavit shall not contain scandalous, vexatious, irrelevant and offensive
information. The Court of Appeal usually orders the scandalous, offensive,
frivolous and irrelevant depositions to be struck out.
Any document to be used as an exhibit in an application shall be exhibited and
shall be identified by a certificate of the person before whom the affidavit is sworn.
Any document to be used as an exhibit shall not be merely annexed or attached to
the affidavit. Stated differently, any document which was not used at the trial court
cannot be exhibited in an application before the Court of Appeal except where the
applicant is applying to the court for leave to adduce fresh evidence. For example
in an application for stay of execution, a party cannot use any document which was
not used at the trial. Any document used at the trial which is attached to an
application shall be certified by the registrar of the trial court before it is filed at
the registry of the Court of Appeal.
The Court of Appeal always insists that the font size of every process filed before
the court should be fourteen (14). The Court of Appeal hardly invokes rule 63 of
C.I 19 which is on waiver of non-compliance of the rules and lawyers must ensure
that they comply with the rules as they cannot always seek refuge under rule 63.
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Types of Applications
Iwill classify applications before the Court of Appeal into four:
 Applications which are filed where there is no appeal pending ;
 Applications that are filed where the record of appeal has not been
transmitted to the Court of Appeal – that is, where Form 6 is not issued;

Applications that are filed when Form 6 is issued, and

Post judgment applications before the Court of Appeal.
Application filed where there is no appeal pending is anapplication for extension
of time to file an appeal in both civil and criminal matters. The motion shall be
supported by an affidavit assigning good and substantial reasons. See Rule 9 of
C.I. 19 and Section 11 of Act 459.
Where an appeal is filed and the record of appeal has not been transmitted to the
Court of Appeal the basic applications that are filed in civil Appeals are: Stay of
Proceeding and Stay of Execution. Applications that are filed in criminal and quasi
criminal appeals are;bail pending appeal, stay of proceedings and temporary
suspension of orders by the High Court and the Regional Tribunals.
Stay of proceedings: Until the passage of C.I. 21 on 27th May, 1998 the law was
that the Court of Appeal lacked jurisdiction to stay proceedings from the Circuit
Courts and the High Courts in civil matters and in criminalproceedings, from the
High Court and the Regional Tribunal. The Court of Appeal by virtue of Rule 27A
of C.I. 19has jurisdiction to stay proceedings in both civil and criminal matters.
Where an interlocutory application is filed, rule 29A provides as follows:
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“The Court may, in an interlocutory appeal,civil and criminal before it, grant
stay of proceedings pending the determination of the interlocutory appeal
subject to the conditions the court considers fit”.
Stay of proceedings is not a repeat application as it is the court of Appeal which is
seized with jurisdiction to entertain and not the trial courts. The Supreme Court in
the case of the Republic vs. Fast Track High Court, Accra ex parte Daniel
KwasiAbodakpi(Civil motion No. J5/15 2005 dated 25th October 2005 and the
Court of Appeal in the case of Michael Essien vs. VeralightDelabimAckumey,
unreported dated 14th July, 2011 have settled the position of the law in application
for stay of proceedings in interlocutory appeals to the Court of Appeal.
Stay of Execution is a repeat application in civil matters. First of all, the order or
the judgment to stay must be an order which is executable by any of the known
modes of execution. The applicant must also satisfy the Court that there are
exceptional circumstances to warrant the grant of the application. It is a repeat
application and the applicant must satisfy the Court of Appeal that the application
to stay the execution of the judgment complained of was refused by the trial High
Court or the Circuit Court or even though it was granted the conditions of the grant
is onerous and it amounts to refusal. See the case of Ghassoubvs. Bibiani Wood
Complex ltd. [1984-86] 1GLR 271 where the trial High Court Judge ordered the
applicant to pay three quarters of the judgment debt plus costs and the remaining
one quarter into court, the Court of Appeal held that the order made by the High
Court amounts to refusal.
In the case of N.B.Landmark ltd. Vs. Lakiani[2001-2002]SCGLR 318 where the
Court of Appeal stayed the order refusing to set aside a default judgment , the
Supreme Court set aside as a nullity as the order was not executable .
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Where the judgment was given by the District Court and the High Court refuse to
stay execution, the application cannot be repeated before the Court of Appeal. The
applicant may appeal against the High Court decision to refuse to stay execution of
the judgment but cannot be treated as a repeat application.
In the case of Standard Chartered Bank Ghana Ltd vs. Western Hardwood Ltd.
and another [2009]SCGLR 196, the Supreme court held that the court may stay
both execution process and execution where the order made is executable. In that
case the Court of Appeal granted stay of execution of the judgment debt in favour
of the defendants on their counterclaim on grounds that the terms were not
executable. The Supreme Court took advantage to depart from the case of NDK
Financial Services Ltd.vs. Yiadom Construction and Electoral Works [2007-2008]
SCGLR 93, where majority of the Supreme Court stayed the execution of the
judgment in a matter where the order made by the Court of Appeal refusing to
grant stay of execution was not executable. In Mensahvs. Ghana Football
Association [2001-2002] SCGLR
318, the court held that where an appellate
court dismisses an appeal without making an executable order, there cannot be a
stay of execution.
Stay of execution cannot be filed in criminal matters, rather an application to
suspend the order made by the trial court or application for bail pending appeal.
Installment payment application is not a repeat one and the aggrieved person must
appeal against it and not to repeat it.
Application for bail pending appeal is filed in both criminal and quasi criminal
matters where the applicant is in custody and a notice of appeal has been filed.
Where a person is in custody and he is applying for his release pending the hearing
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of the appeal, the two applications that may be filed are either bail pending appeal
or application for the suspension of the order(s) made by the trial High Court or the
Regional Tribunal. See Rule 48 of C.I. 19. Where the trial High Court or the
Regional Tribunal convicts a person and make some orders such as payment of
money, the convict may applyto the Court of Appeal for the temporary suspension
of the order(s) until the appeal is heard.
The Court of Appeal becomes seized of the whole of the proceedings when Form 6
is issued and every application shall be made to the Court of Appeal and not the
trial court. Rule 21 of C.I. 19 provides as follows:
“After the record of appeal has been transmitted from the court below to the
Court of Appeal, the Court shall be seized of the whole proceedings as
between the parties and every application shall be made to the court and not
to the court below, but an application may be filed in the court below for
transmission to the court”.
The general powers of the court are exercisable by the court after Form 6 has been
issued. See rule 31 of C.I. 19. The court can makeorders for interim and
interlocutory injunctions and an order for accounts but they are not
repeatapplications as some lawyers take them to be. They can only be filed after
the records have been transmitted to the Court of Appeal.
Some of the applications that may be filed are; Applications to amend the notice of
appeal, Application to relist Appeal, Application for leave to file appellant’s
written submission out of time,Application to file written submission in answer out
of time, and Application to set aside judgment or order of the Court of Appeal.
Rule 20(5) of C.I. 19 does not make provision for extension of time to file reply to
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the respondent’s written submission. However, Rule 20(1) and (4) makes provision
for extension of time to file Appellant’swritten submission and written submission
in answer out of time.
When an appeal is struck out for non compliance, the applicant may apply for the
restoration ofthe appeal within a reasonable time and he/she must provide good
and substantial reason.
Post Judgment Applications
Review: The Review Jurisdiction of the Court of Appeal is neither conferred by
the Constitution nor the Courts Act. However, the Court of Appeal Rules, C.I 19,
has conferred review jurisdiction on the Court and the Court is to consider the
circumstances of the case that makes it exceptional to persuade the Court to review
the judgment in the interest of justice. The time within which review application
should be filed has however, not been stated in the rules and the Court has also not
prescribed one practice and procedure. Order 42 of C.I. 47 has prescribed the time
within which review application for interlocutory and final Judgment or orders
should be reviewed. Rule 55 of C.I 16 provides for the time frame within which
review applications should be filed at the Supreme Court. I will invite the Rules of
Court Committee to have a look at the review jurisdiction of the Court of Appeal
as it is too vague and timeless. Stay of execution is one of the post judgment
applications. A Judgment given by the Court of Appeal which is executable may
be stayed upon application by theaggrieved party. Any application to the Court of
Appeal in connection with a judgment delivered by the Court in respect of which
an appeal has been filed is governed by the Supreme Court Rules, C.I.16. The
applications include: stay of execution, Application for Leaveto appeal under
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paragraph (b) of clause 1 of Article 131, Application for special leave to appeal
under clause (2) of Article 131 and Application for extension of time to appeal.
Stay of Execution and Proceedings
An application for stay of execution or proceedings in respect of an order, decree
or judgment of the Court of Appeal shall first be made to the Court of Appeal.
They are repeat applications and may be repeated in the Supreme Court after
refusal by the Court of Appeal. See rule 20 of C.I 16
Application for Leave
The only exception is where an application is filed at the Court of Appeal to be
dealt with and the records are transmitted to the Supreme Court. The application is
also transmitted to the Supreme Court to handle. See Rule 16 of C.I. 16.
Conclusion
In conclusion, lawyers must be abreast with the District Court Rules (CI 59), the
High Court (Civil Procedure) Rules (CI 47), the Court of Appeal Rules (CI 19), the
Supreme Court Rules (CI 16), the Courts Act (Act 459) and the Criminal and Other
Offences(Procedure)Act, 1960 (Act 30) as every application in the court is
governed by rules and infraction of some of the rules may be fatal
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