ABBAN J.: In this application the plaintiff-respondent-applicant (hereinafter referred to as the applicant) is asking for a review of the judgment of the ordinary bench of the Court of Appeal delivered on 30 July 1974: see Baiden v. Ansah [1974] 2 G.L.R. 407.
The full bench on 29 April 1975, sitting in chambers, granted leave but limited argument to the correctness of the order dismissing both the claim and the counterclaim (after allowing the appeal of the defendant-appellant-respondent (hereinafter referred to as the respondent)) and the holding that both parties were equally negligent. The arguments were further limited to quantum of damages.
The respondent did not file a reply and could not therefore be heard save on the question of costs. After hearing counsel for the applicant, we have come to the conclusion that in view of the finding that the applicant and the respondent were equally to blame, the proper order which the ordinary bench ought to have made should have been that ju…