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The Supreme Court through H/L Justice George Kingsley Koomson has sent a strong signal to the Bar on the need for medical reports in applications for extension of time on health grounds.
The Court constituted by a single judge in proceedings on the 30th day of April, 2026 in the case of Samantha Jayne Prosser v Mr. Tripathi & 2 Ors. Suit No. J8/165/26 registered its displeasure with the penchant of lawyers filing motions seeking prayers usually for the extension of time to file processes owing to the ill health of Counsel or a party without evidence of ill health or the medical condition leading to non compliance of time limits per the procedure rules.
The Supreme Court in the deep voice of Justice George Kingsley Koomson had the cause to signal the disdain of the Court for motions for time extension on medical grounds without proof of ill health or a medical condition when Counsel in the above mentioned case failed to attach a medical report to demonstrate the ill condition of his client the reason for which the party needed more time to file a process out of time.
In a high pitched voice with his gaze moving from side to side of the Bar, Justice Koomson said "I want to tell this to the Bar, mere claim of I am sick wont do. Come with a medical report". With his gazed fixed on Counsel for the Applicant to the motion for the extension of time, Justice Koomson, whose powers were being invoked to grant the extension of time for the filing of a process out of time in the above mentioned case formed the view that a Managing Director whose ill health was blamed for non-compliance with the time limits for the filing of the process in question was not provided to the Court.
In emphasizing the need for medical reports in such applications on health grounds and an attempt to discourage the culture of motions for extension of time on health grounds without proof, the Court said "It is not good to come to Court for extension on health grounds without proof".
Mood of Court read
With the mood of the Court amply read by Counsel for the Applicant, and the conduct of Counsel in a similar situation prior to the calling of the Samantha case, Counsel for the Applicant in the motion for the extension of time prayed to withdraw his application which appeared to members of the Bar most likely to fail.
The Court consequently struck out the motion as withdraw and repeated the sermon on the necessary evidentiary material needed in motions for extension of time owing to reasons of health.
2 days ago
9th May, 2026
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