JOHN ADZIGODI & MICHAEL YAKA SOSU vs. PADIKIN ARYEE & COLLINS ADZIGODI

The plaintiffs commenced an action at the Tema High Court by writ issued on 1 February 2008. Judgment was entered against them on 17 April 2015. They did not file an appeal within the three months allowed for appeals against final decisions. Instead, on 22 October 2015, they applied to the High Court for extension of time to appeal, and the High Court granted that application on 11 November 2015. The appeal process continued for years, including preparation of the record and leave by the Court of Appeal on 12 October 2021 to file additional grounds of appeal. The defendants later challenged the competence of the appeal on the basis that the application for extension of time had itself been filed outside the further three-month period allowed by rule 9(4) of C.I. 19, making the High Court’s order a nullity. Source in judgment: opening procedural narrative beginning “The Plaintiffs issued a writ of summons at the Tema High Court on 1st February, 2008...” and the discussion of rule 9(4).

@page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.3in; margin-bottom: 0.3in } p { line-height: 115%; text-align: left; orphans: 2; widows: 2; margin-bottom: 0.1in; direction: ltr; background: transparent } JOHN ADZIGODI & MICHAEL YAKA SOSU (PLAINTIFFS) vs. PADIKIN ARYEE & COLLINS ADZIGODI (DEFENDANTS) [SUPREME COURT, ACCRA] CIVIL APPEAL NO. J4/6/2026 DATE: 29TH JULY, 2026 COUNSEL KWAME OPPONG-ADADE ESQ. FOR THE DEFENDANTS/RESPONDENTS MOHAMMED ATTAH ESQ. FOR THE PLAINTIFFS/APPELLANTS CORAM AMADU JSC (PRESIDING) ASIEDU JSC KWOFIE JSC ADJEI JSC ACKAAH-BOAFO JSC JUDGMENT ADJEI, JSC: The Plaintiffs/Appellants/Appellants shall be referred to in this appeal as Plaintiffs, and the Defendants/Respondents/Respondents as Defendants. The Plaintiffs issued a writ of summons at the Tema High Court on 1st February, 2008. The High Court on 17th April, 2015 gave judgment against the Plaintiffs. The Plaintiffs on 22nd October, 2015 filed an application for extension of time wi...