There is a Notice of Preliminary objection to the propriety of Interlocutory appeal in this Court against the interim maintenance orders.Taking the above factors into serious consideration, we come to the following conclusions:The appeal against the interlocutory maintenance order being an order made in personam against the original Petitioner cannot survive after his death.Secondly, being interlocutory in nature, it would even have ended with the delivery of final judgment unless it was incorporated into the final judgment. In the processes filed before us, we have not sighted any Notice of Appeal against the judgment of 4In arguing the application for the applicants, learned Counsel Mrs. Victoria Barth, made copious references to rule 73 of C. I. ALPHA INTERNATIONAL (04157379) Company status Active Correspondence address Holy Trinity Brompton, Brompton Road, London, SW7 1JA. BANK OF AMERICA MERRILL LYNCH INTERNATIONAL LIMITED 16.Thirdly, once we are of the firm conviction that the appeal in the interlocutory appeal did not survive the death of the original petitioner, the action in this court must fail.It is for the above reasons that we are of the considered view that the Application by the Applicants herein to this court succeeds. If that is so, then it would appear that these would be relating to real property, and therefore Learned Counsel for the Respondent, Mr. Kizito Beyuo thinks so and has forcefully invited us to make findings to that effect. Bernard Amponsah Mensah has been working at The appeal to this court was based on the order for interim maintenance awards made by the trial High Court which refused a stay of execution of the maintenance awards, and the refusal of the Court of Appeal to grant a repeat application to the Court.3. She argued that every application put before a single Justice of the Supreme Court ought to be on notice. Without such a provision it would be very difficult to implement the substantive jurisdiction that has been conferred by article 134 of the Constitution.For example, the conferment of supervisory jurisdiction on the Supreme Court is contained in article 132 of the Constitution 1992 as follows:-The above are just bare jurisdictional provisions on the supervisory jurisdiction of the Supreme Court. He has been Learned Counsel also referred to their own application filed raising preliminary legal objection to the appeal pending before the Supreme Court.Secondly, learned Counsel for the Respondent submitted that, the interpretation being put on rule 73 of C. I. The bare constitutional provision on the jurisdiction of a single Justice in article 134 of the Constitution 1992 without the necessary procedural rules on how this jurisdiction is to be exercised will remain a white elephant. Simply put, the Respondent contended that there was no appeal pending properly in the Supreme Court.We observe from the preliminary objection and the Notice of Appeal filed, some serious inconsistencies that completely render ineffectual and of no consequence the relevance of this preliminary objection. Director (COMPANY EXECUTIVE) of MERRILL LYNCH INTERNATIONAL

List of companies where Bernard Amponsah Mensah was involved.



16 comes into focus.This Rule makes specific provisions on how a single justice jurisdiction is to be exercised, then a fortiori, it means that resort to any other procedure contrary to the courts own procedure rules will render null and void any contrary procedure.It does not matter that it was an administrative decision that put the case before a single justice. But since it was taken by a Single Justice, that application should have conformed to rule 73 of ci 16 and therefore on notice.The applicant filed his application at the registry of the Supreme Court with no indication that it was filed pursuant to article 34 of the constitution. He submitted that the parties were in the Supreme Court because of the appeal filed by the Applicants father against the refusal of the Court of Appeal to grant a stay of execution of the order of maintenance pendente lite. Besides, there is even no indication that the appeal record had been transmitted from the Court below to this Court to warrant the Respondent to file the application to this court as required under rule 16 (1) of C. I. The Petitioner passed away on 15/3/2013 and the Applicants herein being son and daughter had been named as the Executors of the last will of the deceased Petitioner.Following the grant of the application for substitution, the Respondent herein then followed up with another application for leave to serve the order for substitution out of the jurisdiction and this was granted on 18In view of the issues raised in the affidavit in support and opposition, we deem it quite expedient to refer in extenso to the following paragraphs in the applicants’ affidavit in support- 8, 9, 10 and 12.
Bernard Amponsah Mensah has been working at From the depositions we have referred to in extenso in the processes filed, it is clear that the position is somewhat different. 16 vis-à-vis article 134 of the Constitution 1992, those cases with respect cannot hold and be applicable.There is absolutely no doubt that the death of the original Petitioner in the matrimonial action would have brought the case to an end. Sub-rule 3 states as follows:We therefore conclude that it was perfectly legitimate for the Respondent to have filed an ex-parte application to the Supreme Court for substitution of the original petitioner by the Applicants.If such an application had been put before the regular panel of five Justices of the Court for determination there would have been no problem as that would be deemed to be the proper procedure.This is because that procedure is permitted by the High Court Rules. 47 for the High Court, just to mention a few.


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