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NANA YAW ADWUBENG
V.
NANA MENSAH DOMFEH

(1999) JELR 66682 (SC)

Supreme Court 16 Jun 1999 Ghana
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- Application for review dismissed; applicant failed to demonstrate any new evidence or exceptional circumstances under Rule 54 of C.I. 16 warranting review. - Court clarified that absolute title was vested only in the 'DENDEN' land (a port

Case Details

Suit Number:CIVIL MOTION 58/97
Judges:HAYFRON-BENJAMIN J.S.C. (PRESIDING), AMPIAH J.S.C., KPEGAH J.S.C., ADJABENG J.S.C., ACQUAH J.S.C., ATUGUBA J.S.C., AKUFFO (MISS) J.S.C.
Other Citations:(1999) JELR 66974 (SC)

AMPIAH, J.S.C.

The applicant seeks a review of the Court's judgment of 16th July, 1997. I have read the Statement Of case filed by both parties in the action and the submissions made therein. It appears to me that the applicant is using this review application as an appeal by calling on this court to have a second look at its own judgment. This is not the intent and purpose of a review application.

Rule 54 of C.I. 16 (the Supreme Court Rules, 1996) requires that for the purpose of a review application, the applicant must show:—

"(a) exceptional circumstances which have resulted in a miscarriage of justice.
(b) discovery of new and important matter or evidence which after the exercise of due diligence, was not within the applicant's knowledge or could not be produced by him at the time when the decision was given".

All the necessary documents which the applicant relied on were available at the time of hearing and were tendered in evidence although they were rejected by the court after an ex…

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