Court dismisses appeal filed by state

The Appeal Court in Accra has, in an unanimous decision dismissed an appeal filed by the state against the decision of a Kumasi Regional Tribunal in July last year on the grounds that the appeal was filed out of time.

The court was composed by Mrs Justice S.O.A. Adinyira, presiding, Mr Justice S.K. Asiamah and Mr Justice S.Y. Anim.

The state appealed against the judgement of the Regional Tribunal, which set aside the ruling of a circuit tribunal in a case which Kwadwo Mensah Owusu Adu, a businessman and Kwaku Forkuo, a Senior Administrative Officer, were charged on two counts of forcible entry and causing unlawful damage.

The circuit tribunal convicted and sentenced them to a fine of three million cedis on each count or 24 months imprisonment in hard labour in default.

However, the Regional Tribunal quashed the decision of the circuit tribunal on appeal on the grounds that the prosecution failed to prove its case beyond reasonable doubt.

This necessitated the state to file the appeal at the Court of Appeal.

Giving reasons for its ruling, the Appeal Court held that the decision of the Regional Tribunal was delivered on July 11, 2002, while the time for filing appeal within one month expired on August 10, 2002.

The appeal, the court said, was, however, filed on behalf of the state on August 28, 2002, and it was clearly filed out of time by 18 days.

The court held that the state being desirous of pursuing the appeal ought to have applied for extension of time within which to file the notice of appeal.

"Having failed to do so, the appeal before us is incompetent and not proper. We, therefore, uphold the preliminary objection raised on behalf of the respondents to strike out the appeal", the court said.