SACKEY TORKORNOO (MRS.) CJ:
Introduction
[1] The matter at hand for resolution in this appeal is whether the reversal of a decision by a Single Justice of the Court of Appeal by the full bench of the Court of Appeal ought to be upheld by this court or not.
[2] Article 138 of the 1992 Constitution provides:
Powers of a Single Justice of Court of Appeal
138. A single Justice of the Court of Appeal may exercise a power vested in the Court of Appeal not involving the decision of a cause or matter before the Court of Appeal.
Article 138 (b) provides that
(b) In civil matters, any order, direction or decision made or given in exercise of the powers conferred by this article may be varied, discharged or reversed by the Court of Appeal as duly constituted.
[3] These provisions are mirrored in section 12 of the Courts Act 1993 Act 459
Section 12—Powers of Single Justice of the Court of Appeal
A single Justice of the Court of Appeal may exercise a power vested in the Court of Appeal that does not involv…