Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



A/S NORWAY CEMENT EXPORT LTD.
V.
ADDISON

(1974) JELR 63526 (CA)    
Court of Appeal  ·  22 Jul 1974 ·  Ghana
 · 
Other Citations
[1974] 2 GLR 177
CORAM
APALOO JA,JIAGGE JA,ARCHER JA,FRANCOIS J.A. ,ABBAN J.

Ratio Decidendi

Core Terms Beta
ruling of the court
ordinary bench of this court
supreme court rules
practice directive
jurisdiction of this court
latter case
review of that judgment
full bench of this court
miscarriage of justice
judges of the court of appeal
applicants’ complaint
united states supreme court practice
applicants
stated ground
subject of the chief justice
decision of the court
interested parties
chief justice
judges of the supreme court meet
such statement
record of appeal
jurisdiction of the full bench
clear documentary evidence
legal arguments
predecessor of this court
full bench of the court of appeal
divergent views
constitutional rules committee
courts decree
justices of appeal
procedural directive
only materials
appeal
court
second look
applicants’ breach
exercise of its appellate jurisdiction
application
initial consideration
disregard of some fundamental principle of justice
rule
judgment
further particulars of miscarriage of justice
evidence shows
substantial litigation
open court
court’s order
full bench
findings of fact
attorney-general

APALOO J.A.

He delivered the ruling of the court. On 19 April 1973, an ordinary bench of this court by a majority gave judgment (reported in [1973] 2 G.L.R. 151) against the applicants for a large amount of money together with interest and costs. On 10 July 1973, the applicants filed in this court, an application for a review of that judgment. The applicants were professedly invoking the jurisdiction of this court under section 3 (2) (b) of the Courts (Amendment) Decree, 1972 (N.R.C.D. 101). The stated ground for the application, is that the decision of the court occasioned a miscarriage of justice.

There is nothing novel about the jurisdiction conferred on the full bench of this court by the section referred to. A like jurisdiction was conferred on a predecessor of this court by paragraph 7 of the Courts Decree, 1966 (N.L.C.D. 84). How that jurisdiction, then new, was to be exercised, was the subject of the Chief Justice’s practice directive of 16 February 1967 (reported in No. 2 (196…

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