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MARTIN ALAMISI AMIDU
V.
THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD AND ALFRED AGBESI WOYOME

(2014) JELR 68669 (SC)

Supreme Court 29 Jul 2014 Ghana
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- Supreme Court, exercising its review jurisdiction, held that it had erred in its previous decision by failing to correctly link the 3rd Respondent’s High Court statement of claim to the 26 April 2006 agreements already declared unconstitu

Case Details

Suit Number:CIVIL APPEAL NO.J7/10/2013
Judges:WOOD(MRS) C J (PRESIDING), ANSAH JSC, ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC, BENIN JSC, AKAMBA JSC
Counsel:PLAINTIFF/APPLICANT APPEARS FOR HIMSELF; MRS. DOROTHY AFRIYIE-ANSAH (CHIEF STATE ATTORNEY) WITH HER ,STELLA BADU (CHIEF STATE ATTORNEY) FOR THE 1ST DEFENDANT /RESPONDENT,OSAFO- BUABENG WITH HIM REYNOLDS TWUMASI FOR THE 3RD DEFENDANT /RESPONDENT.

RULING

DOTSE JSC

Writing on the topic, “The Supreme Court and the Power of Review” S.Y. Bimpong-Buta, in Volume XVII, 1989-90, Review of Ghana Law, stated thus:

Whatever lurking doubts existed in the law as to whether or not the Supreme Court (as the final appellate court in Ghana) has the power to have a second look at its previous decisions with a view to correcting its errors or setting it aside on an application by a dissatisfied party were affirmatively resolved by the landmark majority decision in Fosuhene v. Pomaa, delivered on 26 November 1987. The majority in this case, made of Adade and Taylor JJSC and Abban JA, “held inter alia, that the Supreme Court had jurisdiction to correct its own errors by way of review and that the application for review must be “founded on compelling reasons and exceptional circumstances dictated by the interest of justice”. Indeed, on the same day that the majority decision was given in Fosuhene, the same Judges who formed the majority in Fosuhene, …

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