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MECHANICAL LLOYD ASSEMBLY PLANT LTD
V.
NARTEY

(1988) JELR 68076 (SC)

Supreme Court 19 Jul 1988 Ghana
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- Supreme Court (majority: Adade, Taylor, Wuaku JJ.S.C.) reaffirmed that its review jurisdiction is exceptional and limited to cases of fundamental error or miscarriage of justice, not as a forum for re-arguing appeals (Fosuhene v. Pomaa [1

Case Details

Judges:ADADE JSC,TAYLOR JSC,FRANCOIS JSC,WUAKU JSC,AMUA-SEKYI J.S.C.
Counsel:NII ODOI ANNAN (WITH HIM JOE REINDORF ZWENNES KOFI ACQUAH AND MIGUEL RIBEIRO) FOR THE APPLICANTS; KWAME TETTEH FOR THE RESPONDENT
Other Citations:[1987-88] 2 GLR 598

ADADE J.S.C.

This is an application by the defendants herein, Mechanical Lloyd Assembly Plant Ltd., asking this court to review its decision given on 19 May 1988 (see [1987-88] 2 G.L.R. 314, S.C.). In that decision the court gave judgment for the plaintiff (Francois and Amua Sekyi JJ.S.C. dissenting) for:

(a) a declaration of title to a piece of land at Frafraha;

(b) Recovery of possession of the said land;

(c) An injunction to restrain the defendants, e.t.c. from interfering with the land.

The court also awarded the plaintiff ¢200,000 damages, and gave him ¢50,000 costs in this court, and ¢25,000 each in the Court of Appeal and the High Court.

The defendants say that the judgment is wrong; it should be reviewed and reversed in their favour. As soon as arguments closed on 29 June 1988, I had no doubt in my own mind that this application must fail. I could immediately have pronounced my decision there and then, at best reserving my reasons. The more I listened to Mr. Joe Reindorf, counsel fo…

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