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The Chief Justice of the Republic, Justice Gertrude Esaaba Sackey Torkornoo has directed the registry of the Supreme Court to strike out all cases which lay dormant for atleast twelve months. The directive is to the registry of the Supreme Court only.
The directive given by the Chief Justice is applicable to all appeals, writs and applications filled at the Registry of the Supreme Court. The directive is aimed at the efficient and judicious use of the court's time. This directive may also be deemed as part of the measures targeted by the Chief Justice to reduce delay in cases at all levels of the bench.
See also
A notice of the directive to all lawyers cites the combined effect of Rule 5 of the Supreme Court Rules 1996, (C.I. 16) and Order 37 rule 4 of the High Court (Civil Procedure) Rules 2004 (CI 47) as the legal basis for the directive. Order 37 rule 4 of CI 47 provides as follows;
Rule 4—Striking out for Delays
(1) Where in any cause or matter no step has been taken for twelve months from the date of the last proceeding and no notice under rule 3 has been given, the Registrar or any party to the cause or matter may apply to the Court for an order that the cause or matter be struck out for want of prosecution.
(2) Notice of the application shall be served on all the parties concerned at least fourteen days before the day stated in the notice for hearing the application.
(3) Upon the hearing of the application where none of the parties shows cause to the satisfaction of the Court why the cause or matter should not be struck out and upon proof of service of the notice on all parties concerned, the Court shall strike out the proceedings.
(4) If any party shows cause to the satisfaction of the Court why the cause or matter should not be struck out for want of prosecution, the Court shall order the proceedings to continue on such terms as it thinks fit.
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