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THE REPUBLIC
V.
HIGH COURT EX-PARTE: KWASI AFRIFA ESQ. & DISCIPLINARY COMMITTEE OF GENERAL LEGAL COUNCIL

(2022) JELR 109865 (SC)

Supreme Court 27 Apr 2022 Ghana
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- The Supreme Court dismissed the review application, reaffirming that its review jurisdiction under Rule 54 of C.I. 16 is strictly confined to correcting fundamental errors resulting in a miscarriage of justice or addressing new and import

Case Details

Suit Number:J7/10/2022
Judges:PWAMANG JSC (PRESIDING), DORDZIE (MRS.) JSC, TORKORNOO (MRS.) JSC, HONYENUGA JSC, AMADU JSC, PROF. MENSA-BONSU JSC, KULENDI JSC
Counsel:KWASI AFRIFA ESQ. APPEARS IN PERSON FOR THE APPLICANT/APPLICANT. NANA YAW NTRAKWAH ESQ. FOR THE INTERESTED PARTY/RESPONDENT.

 AMADU JSC:-

INTRODUCTION:

(1) It is provided under Rule 54 of the Supreme Court Rules, 1996 (C.I.16) as follows:-

“54 Grounds for Review

The court may review a decision made or given by it on the ground of:

(a) exceptional circumstances which have resulted in a miscarriage of justice; or

(b) the 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 the Applicant at the time when the decision was given”.

(2) The scope of the application of the review jurisdiction has been pronounced upon by this court in a number of cases as for example in MECHANICAL LLOYD ASSEMBLY PLANT LTD. v. NARTEY [1987-1988] 2 GLR398, this court per Adade JSC held inter alia that:“The review jurisdiction is not intended as a try on by a party after losing an appeal nor is it meant to be resorted to as an emotional reaction to an unfavourable judgment”. Then in QUARTEY v. CENTRAL SERVICES CO. LTD. [1996-1997] SCG…

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