The Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, has rejected calls for the cancellation of the legal vacation provided under the procedure rules of Superior Courts.

Speaking at the end of the legal year party organized by the Greater Accra Bar on July 31, 2024, Justice Torkornoo dispelled all the concerns of lawyers and staff of the Judicial Service of any consideration by herself or the Rules of Court Committee chaired by her to scrap the legal vacation.

She explained that the vacation was important because lawyers and staff of the judicial service need to rest, thelawplatform.online reports.

The Chief Justice further explained that physiological considerations underpin the provisions providing for legal vacation in the procedure rules.

She likened the legal vacation to the vacation of school, which is very important because students need to rest their bodies and minds and re-invigorate for more work.

The assurance by the Chief Justice comes following calls by some notable Ghanaians, including Justice Enyonam Adinyira, a High Court judge, for the vacation to be scrapped in the High Court, Court of Appeal, and Supreme Court rules.

Justice Adinyira contended that lawyers, like judges, may choose to go on leave for rest rather than a blanket rest period provided by the rules.

About the legal vacation:

Order 79 Rule 4 of C.I. 47, High Court Civil Procedure Rules, which stipulates the timelines for legal vacation and has repetition by way of wording in Rule 61 of C.I. 19, Court of Appeal Rules, and Rule 82 of C.I. 16, Supreme Court Rules, reads as follows:

Rule 4—Vacations

Subject to rule 1 (1) the following periods shall be observed in the High Court as vacations:

(a) the period commencing on the Tuesday immediately following Easter Monday in each year and ending on the Friday immediately following;

(b) the period commencing on 1st August in each year and ending on 30th September in the year; and

(c) the period commencing on 23rd December in each year and ending on 6th January in the next year.

The Chief Justice, however, has powers under the rules to designate a court to sit despite the provisions requiring the observation of vacations.

BAI/NOQ

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