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MADAM AKUA NYAMEKYE
V.
MR. ANTHONY KWAKU OPOKU

(2000) JELR 68275 (SC)

Supreme Court 12 Apr 2000 Ghana
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- The case is an application for the review of a judgment given by the Supreme Court on an appeal. - The court emphasizes that the review jurisdiction should only be exercised in exceptional circumstances, such as a miscarriage of justice o

Case Details

Suit Number:CIVIL MOTION NO. 45/2000
Judges:WIREDU J.S.C. (PRESIDING),MRS. J BAMFORD-ADDO J.S.C,AMPIAH J.S.C,KPEGAH J.S.C,ADJABENG J.S.C,ATUGUBA J.S.C,MS. AKUFFO J.S.C.
Counsel:AHENKORA FOR THE APPLICANT,KUENYEHIA FOR THE RESPONDENT

RULING

EDWARD WIREDU, J.S.C.:

This is an application praying this Court to review its judgement given on July 17th, 1999 dismissing the Applicant's appeal.

When Rule 54 of the Supreme Court Rules, 1996 (C.I. 16) was enacted, it was the hope of all that having spelt out, in statutory terms, the only grounds upon which the review jurisdiction of this Court may be exercised, litigants would be duly guided thereby and the previous attempts to use the review jurisdiction as an avenue for a rehearing of lost appeals would cease or, at least, be significantly reduced. Unfortunately this does not appear to be the effect. To make matters worse, it also appears that counsel for losing parties are under the misapprehension that the 'reviewability' of a matter is determined by numerical factors and any decision of the court which is not unanimous must be subject to review.

Illustrative of this point is the statement in the Applicant's Statement of Case herein that the application is for:—

"... review …

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