HIGH COURT, CAPE COAST
DATE: 4TH MAY, 1962
BEFORE: SCOTT, J.
NATURE OF PROCEEDINGS
APPLICATION for special leave to appeal to the Supreme Court.
COUNSEL
C. F. Hayfron-Benjamin for D. Myles Abadoo for the defendant-applicant.
R. J. Hayfron Benjamin for the plaintiffs-respondents.
[p.328] of [1962] 1 GLR 327
JUDGMENT OF SCOTT J.
This is an application by Nana Kobina Dadzie the defendant-appellant for special leave to appeal against a decision of this court on the 21st December, 1961, in which the judgment of the trial court was upheld. The application is made under the Courts Act, 1960,1(1) section 8 (1) proviso (a) (i).
Counsel for the defendant-appellant-applicant has argued his grounds for special leave to appeal with much vigour and ingenuity, but in the main the arguments advanced while attractively posed have been a repetition and reiteration of the arguments advanced at the hearing of the appeal.
Council for the respondents has contended that the prerequisites for the grant of special leave to appeal are either that there must be prima facie, an error on the face of the record, or that a general principle is being decided for the first time, or that a decision of the Supreme Court would be to the public advantage, and has further contended that not a single one of these elements is present in this application.
I have given careful consideration to this application and find myself in entire agreement with counsel for the respondents that no real new material ground has been raised to warrant the grant of special leave. This application will accordingly be refused.
Costs 7 guineas to plaintiff-respondent and co-plaintiff-respondent.
DECISION
Application dismissed.
