Lawyers and Litigants’ Dream

 

 Achieving Speedy interlocutory appeals in civil cases in Ghana lawyers and litigants dream it is said that there is no inherent right of the bill in any litigan appeals are created by stated therefore anybody in a case who is not satisfied with any decision made or order given by a court must appeal by strictly following the rules applicable to the court where the appeal is to be heard in Gainer it is the rules of code committee that has the Constitutional mandate to formulate the rules of procedure for the various Court including the court where appeals are heard the rules for filling appeals from a district court to a high court are very simple and provide for a quick trial of Appeals but when it come to appeals from cases at the high court to the court of appeal especially interlocutory appeals it is a different story altogether the rules are cumbersome and time-consuming and require preparation of appeal record among other tedious thoughts these articles discusses the procedure for feeling interlocutory appeals from cases heard at the high court to the court of appeal it also discusses the simple procedure for filling appeals from decision of the district court to the high court the article suggests that a similar simplified mode of appeal must be adopted for interlocutory appeals from the high court to the court of appeal and further to the Supreme Court to enhance the Justice delivery system procedure for interlocutory appeals under the court of April rules what is an interlocutory appeal an interlocutory appeal is an appeal that is filed against an order organization that is made by ajots in the course of handling a case pending before the court the order or decision mustn't be the final Judgment of the court so if for instance a plaintiff issues a rate and served its own a dependent resident outside Ghana.

 Without first obtaining leave of the Court the defendant can apply the set aside the read for not complying with the high court rules the older because God makes After considering the dependent application to set aside the read will be an interim or interlocutory order because the older soul mate will not determine to finally deal the issues that the plaintiff broke to the court against the dividend a typical example of such interim orders is an order for injunction in Daniel e w Joseph vs akinfu and a key stool and another the Supreme Court held that an interlocutory injunction is one of the remedies available to litigan as an interim measure it proposed it to provide protective or provisional remedies to the police between the commencement of the action and its final trial or determination what is the time frame fulfilling an interlocutory appeal an appeal against an interlocutory order made by a high court to the court of appeal must be fall within 21 days once this period expires the appellant cannot follow the appeal out of time the rules do not allow the equivalent to apply for extension of time within which to appeal any appeal filed beyond the 21 days will be dismissed similarly an appeal from a tour DeVille decision in an interlocutory appeal to the Supreme Court must be filed within 21 days and there is no opportunity for extension of time when the 21 days period expires can an ethylene in an interlocutory appeal file for stay of proceeding attending appeal before CI 132 was passed and appellant in an interlocutory appeal could apply for stay of proceeding in the case before the trial court funding the determination of the appeal the order will have stated elsewhere that now that rule 27A has been revoked legal practitioners must be prepared for the unfortunate situation where proceeding or not State pending interlocutory appeals some cases are heard to conclusion before the trial court but judgment is given in favor of the apple and by the Appellate Court.

 Thereby rendering the Judgment Idol and useless search was the situation that confronted the Supreme Court in the footprint solution case two parties in interlocutory appeal settled records and provide security for cause Mr record be transmitted to the Appellate Court to signify that the appeal is ready the answer to each of this question is in the affirmative so yes parties in interlocutory appeals at the court of appeal and the Supreme Court must settle a record and provide security for cause also the record must be sent to the Appellate Court to signify that the appeal is ready to be heard now the period between the settlement of record and the transmission of the record from the trial court to the court of appeal or Supreme Court as a second appellate court is every lawyer and litigan's worst nightmare both CI 19 and CI 16 do not stipulate any time within which a registrar must prepare the record and forward it to the Appellate Court it may take more than a year for the record to be prepared and sent to the court of appeal before the appeal will even be considered to have been filed properly speaking so in situation where application for stay of preceding are denied interlocutory appeals are rendered useless as most never seen the like of day before the main case at the trial court is completed for this reason most lawyers and litigants have to live with unhappy ruling in interlocutory application at the high court simply because the option of appealing against same isn't worth the time and resources not to talk about the emotional cause this state of affairs make our Judicial System unattractive.

 Compared to those of other comparable African countries the long delays in our court system including inordinate delays in simple interlocutory appeals do not make Reserve to the court an attractive option for our citizen many of our people resort to Consulting fetishes and oracles and groups in religious garbage for resolution to their legal problems how can we blame our people for taking such course if when they come to our course for a red dress we only offer them delay and protracted proceeding based on convoluted rules we have made ourselves in the premises it is suggested that the rules of produce for interlocutory appeals at the court of appeal and Supreme Court must be chained in their state we must adopt simple procedures of appeals such as those regulating appeals from District Court to high court which is described below procedure for interlocutory appeals in the district court the procedure for handling interlocutory appeals from the district court to high court is different from what regulates interlocutory appeals from the high court to the court of appeal an interlocutory appeal is called when the appellant submit four or more false containing a notice of the bill the motion paper the supporting affidavit and the exhibit use in the district court the respondent affidavit in the opposition and its exhibit is Annie and the order organization complain up to the registry of the high court must then pay the appropriate feeling fee the high court registrar will stamp all the document in each file and each file will be the record of appeal for the purposes of the appeal therefore there will be no settling of record or Preparation of a recorded appeal the appeal will be filed as soon as it is accepted by the registrar and the filling fee is paid no record must be transmitted or forwarded to the high court before the appeal will be deemed to be filed when the record of the bill is this world one file will be served on each body and proof of service will be placed on the court docket within 14 days of billing the appeal the appellant Must Fall four copies of the statement of the appellant case setting out fully the argument and the relevant stated or decided cases the appellant wishes to rely on its support of the appeal.

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