Professional Documents
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ABBEY
[1960] GLR 265
Practice—Appeal from High Court—Application for extension of time to execute bond for costs of
appeal—Court to which application should be made—Supreme Court (Court of Appeal) Rules 1957
rules 11 (4) and 29.
HEADNOTES
The defendant who was appealing from a judgment of the High Court applied to the Supreme Court
for an extension of time to execute a bond for the costs of the appeal and also stay of execution
pending appeal. The prayer for stay of execution was abandoned.
Held:— the application should have been made in the first instance to the High Court in accordance
with rules 11 (4) and 29 of the Supreme Court (Court of Appeal) Rules 1957 and the application
would be dismissed.
NATURE OF PROCEEDINGS
APPLICATION for extension of time to execute a bond for costs and stay of execution.
COUNSEL
Baidoo for appellant-applicant.
Blay for plaintiff-respondent.
It is obvious that this application could not be made under this rule which clearly refers to what the
respondent may do, where there has been non-compliance with conditions of appeal by the appellant;
consequently, this rule envisages an appeal pending before the court.
Provision under which application can be made for enlargement of time within which to appeal is rule
11 (4) which reads as follows:
“No application for enlargement of time in which to appeal shall be made after the expiration of one
month from the expiration of the time prescribed within which an appeal may be brought. Every such
application shall be supported by an affidavit setting forth good
and substantial reasons for the application and by grounds of appeal which prima facie show good
cause for leave to be granted. Any such application may be made to the Court or to the Court below
(in which case the decision of the Court below shall be final) and when time is so enlarged a copy of
the order granting such enlargement shall be annexed to the notice of appeal.”
Rule 29 directs to which court applications should be made. It reads thus:
“Whenever under these rules an application may be made either 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 the application the
appellant shall subject to the provisions of rule 11 (4) be entitled to have the application determined by
the Court.”
It will be seen from the above rules that this application ought to have been made to the court below
and not this court.
We accordingly dismiss it.
DECISION
Application dismissed.