Commences by filing notice of appeal containing grounds of appeal at registry of court giving judgement and registrar prepare a record of appeal, parties to the action and persons not parties but adversely affected by judgement may appeal, party in whose favour judgement is given can cross-appeal for variation, termed application to vary judgement and filed within 1 month after notice of appeal served on respondent per CI 19, CI 16 that cross-appeal should be filed within 14 days of notice.
Appeal is by way of re-hearing i.e. appellate court is in same position as trial court as if re-hearing was the original hearing, may receive new evidence and entire evidence reviewed per Nkrumah v Ataa. May reverse entire or part of judgement
O 51 appeal from DC to HC is by rehearing order by ‘notice of appeal’, appeal is brought in substantive appeal when notice of appeal has been filed in the DC from which appeal is brought. Rule 3 (R3) notice of appeal shall be filed within 3 months, appeal with leave be applied within 14 days from date of order or judgement, applicant may deposit sum or sign bond with sureties with court else appeal lapses. R13 no right to adduce new evidence on appeal, but court for justice may allow new evidence written or oralor deposition where evidence wasn’t within appellant’s knowledge, or couldn’t have been produced after exercise of due diligence by party at time judgement was given, appeal may be against final or interlocutory judgement. R16 interlocutory appeal include appeal against decision on any interlocutory application which either or not disposes of the whole case, or on a judgement on the undefended list. by motion and affidavit and statement of case, notice and time limit same as appeal.
Test for determining type of appeal is the question ‘does the judgement or order finally dispose of the rights of parties?’ per Lord Alverstone CJ in Bozson v Altrinchan Urban District Council. Panin v Nuro, Sisala v State Gold Mining Co. All interpleader proceedings are interlocutory in nature perBriscoe Ltd v Amponsah .
Always conferred by statute, Act 459 & constitution, rules of court merely regulate procedure for the appeal but don’t confer jurisdiction, In Re Amponsah appeal not conferred by common law or judicial precedents, appellate court no jurisdiction to entertain appeal from lower court unless right of appeal conferred by statute. It’s an application to appellate court seeking to set aside judgement, decision or order of a lower court on ground of error. Cross appeal may also be made by respondent, respondent entitled to judgement for variation of judgement in the absence of cross petition per Heward Mills v Briscoe.
Notice of appeal be signed by appellant(s) or lawyer(s). Parties to the action as well as those who aren’t parties but are adversely affected by the judgement, e.g. landlord, tenants, beneficiaries and executors of probate. It is a continuation of original case not a fresh action, error complained of could be legal or factual or both per Adusa v AG.
Fresh evidence isn’t open to party as of right to be adduced, granted where evidence wasn’t available at trial, it’s relevant to the issues, credible and capable of belief, has decisive effect on case per Dombo v Narh. Azametsi v Republic, Poku v Poku, Sasu v Amua-Sekyi. Orders on appeal may include remission to trial court below for trial de novo, trial court to enquire into peculiar fact, set aside judgement, dismiss appeal, draw new inferences and new orders.
An appeal generally as of right when a statute grants that right, no leave to appeal in respect of final decisions but interlocutory appeals from DC and CC requires leave, from CC-leave of CC first and upon refusal leave of COA before filing notice of appeal per S 11(5) of Act 459, from DC-leave from DC and upon refusal leave of HC before filing notice of appeal per S 21(3) of Act 459 appeal from DC to HC as of right, leave to HC where refused by DC, appeal only entertainable where conditions precedent to it are strictly fulfilled, per Frimpong v Poku.
Time: DC – HC regulated by CI 47 if final judgement 3 months from date of judgement to file notice of appeal, if interlocutory apply for leave within 14 days and if granted notice within 14 days after grant, time may be extended by DC or HC upon application made not more than 1 month after expiration. CC – CA regulated by CI 19 final judgement same as above, interlocutory seek leave within 21 days in CCupon refusal within 21 days to COA, if leave granted notice is filed at CC registry within 21 days. HC – COA regulated by CI 19, final decision 3 months to file notice, time may be extended upon application within 3 months after expiry but not after 6 months, notice filed at HC registry, no extension in time of appeal against interlocutory judgements. COA – SC regulated by CI 16 same as HC-CA. Adjei v Apraku, Darke v Darke, AttaKwadwo v Badu.
Grounds of Appeal: O 51r2- judgement is against weight of evidence onus of which lies on appellant, misdirection or error in law and particulars of misdirection or error given, may be amended by adding by leave, court may suo motu raise grounds and allow parties to contest.