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AGYEI AND ANOTHER
V.
FORI AND OTHERS

(2000) JELR 68208 (SC)

Supreme Court 18 Oct 2000 Ghana
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- The Supreme Court has the power to review its own decisions under certain conditions. - Rule 54 of the Supreme Court Rules, 1966 outlines the grounds for review, including exceptional circumstances resulting in a miscarriage of justice an

Case Details

Judges:EDWARD WIREDU JSC,BAMFORD-ADDO JSC,AMPIAH JSC,ADJABENG JSC,ACQUAH JSC,ATUGUBA JSC,AKUFFO JSC
Counsel:WA M ADUMUAH-BOSSMAN FOR THE APPLICANTS; KWAKU GYAN FOR THE RESPONDENTS.
Other Citations:[1999-2000] 2 GLR 426

EDWARD WIREDU JSC.

The review jurisdiction of the Supreme Court has been conferred by article 133(1) of the Constitution, 1992 which reads as follows:

“The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by rules of court.”

(The emphasis is mine.)

Pursuant to this provision, rule 54 of the Supreme Court Rules, 1966 (CI 16) was enacted to regulate the grounds and conditions under which this power may be invoked. Consequently, this rule provides as follows:

“54. The Court may review any decision made or given by it on any of the following grounds—
(a) exceptional circumstances which have resulted in miscarriage of justice;
(b) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant’s knowledge or could not be produced by him at the time when the decision was given.”

(The emphasis is mine.)

Clearly, the jurisdiction is restricted to the review of dec…

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