Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE REPUBLIC
V.
HIGH COURT, ACCRA EXPARTE: TSATSU TSIKATA & ORS.

(2020) JELR 80035 (SC)    

Supreme Court  ·  CIVIL MOTION NO. J7/12/2019 ·  19 Feb 2020 ·  Ghana
CORAM
DOTSE, JSC (PRESIDING); BAFFOE-BONNIE, JSC; PWAMANG, JSC; MARFUL-SAU, JSC; AMEGATCHER, JSC; KOTEY, JSC; OWUSU (MS), JSC

Ratio Decidendi

Core Terms Beta
court
applicant
counsel
review application
case
exceptional circumstances
emphasis
decision of the ordinary bench
review process
rule
supreme court
supreme court rules
basic error
decision
decision of her ladyship jennifer dadzie
harold atuguba
special jurisdiction
statement of case
appellate jurisdiction
concluding stages of the statement of case
consideration of the application
date of the decision
exhaustive list
expected result
favour of an applicant
following depositions
fundamental error
genesis of this review application
good case
gross miscarriage of justice
growing number of review applications
high court
instant application
judgment of the ordinary bench
locus classicus case
losing party
majority decision
result of a fundamental misapprehension of the application
review jurisdiction of this court
review of a judgment
scope of the review jurisdiction of this court
support of this review application
time limits
unsuccessful litigants
v. j. m. dotse


DOTSE JSC: The Supreme Court, in the oft quoted locus classicus case on the scope of the review jurisdiction of this court, held in the case of Quartey v. Central Services Co. Ltd [1996-97] SCGLR 398 as follows:-

A review of a judgment is a special jurisdiction and not an appellate jurisdiction, conferred on the court; and the court would exercise that special jurisdiction in favour of an applicant only in exceptional circumstances. This implies that such an applicant should satisfy the court that there has been some fundamental or basic error which the court inadvertently committed in the course of considering its judgment, and which fundamental error has thereby resulted in a gross miscarriage of justice. These principles have been stated over and over again by this court. Consequently, a losing party is not entitled to use the review process to re-argue his appeal which had been dismissed or use the process to prevail upon the court to have another or second look at his case.”

Emph…

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