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PRACTICE DIRECTION (REVIEW BY THE FULL BENCH OF COURT)

(1973) JELR 86873 (CA)

Court of Appeal 15 May 1973 Ghana
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- The Full Bench of the Court of Appeal has review jurisdiction under s.3(2) of the Courts (Amendment) Decree, 1972 (N.R.C.D. 101), limited to questions of law or instances of miscarriage of justice, distinct from appellate jurisdiction. -

Case Details

Other Citations:[1973] 2 GLR 39-40

JUDGMENT

His Lordship the Chief Justice in consultation with his brother Justices of Appeal, has directed that the attention of all legal practitioners be drawn to the jurisdiction conferred on the Court of Appeal by section 3 (2) of the Courts (Amendment) Decree, 1972 (N.R.C.D. 101).

This section confers on the Full Bench of the Court of Appeal, jurisdiction to review and determine decisions of the Court of Appeal:

(a) on a question of law; and (b) where there has been a miscarriage of justice.

Where an application is made under (a), it is important that details of the law applicable should be given. Counsel concerned should state in full the law as they see it, and specify in what respects they believe that the law has been misapplied. In an application under (b), there ought to have been circumstances which clearly reveal that the dictates or real justice have been ignored. For example, if there is a disregard of some fundamental principle of justice, or if the judgment of which the re…

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