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MINING AND BUILDING CONTRACTORS LIMITED
V.
ANGLOGOLD ASHANTI GHANA LIMITED

(2016) JELR 65791 (SC)

Supreme Court 19 May 2016 Ghana
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- The case revolves around an application for special leave to appeal to the Supreme Court against the judgment of the Court of Appeal dated 17th December 2015. The application was filed under article 131(2) of the Constitution, 1992. - The

Case Details

Suit Number:CIVIL APPEAL NO. J8/68/2016
Judges:YAW APPAU JSC SITTING AS A SINGLE JUSTICE OF THE SUPREME COUR
Counsel:NANA ATO- DADZIE ESQ. WITH HIM SMORA CANN FOR THE APPLICANT; ACE ANAN ANKOMAH ESQ. WITH HIM KOW ESSUMAN ESQ. FOR THE RESPONDENT.

JUDGEMENT

APPAU, JSC.

On 28th April 2016, I refused an application filed in this Court by the plaintiff/respondent/applicant (hereinafter referred to simply as applicant), for special leave to appeal to this Court against the judgment of the Court of Appeal dated 17th December, 2015. The application, which was filed on 21st March, 2016, was brought under article 131(2) of the Constitution, 1992. I exercised that jurisdiction as a single justice of the Supreme Court, vide article 134 of the Constitution, 1992. The article in question provides:

“A single justice of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of the cause or matter before the Supreme Court, except that –
(a) in criminal matters, where that justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the Supreme Court constituted by three justices of the Supreme Court; and
(b) in civil matte…

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