YANNEY
V.
AFRICAN VENEER MAHOGANY EXPORTERSLTD.

(1960) JELR 65508 (CA)    
Court of Appeal  ·  13 Apr 1960 ·  Ghana
 · 
Other Citations
[1960] GLR 89 - 91
CORAM
KORSAH C.J.,VAN LARE J.A,GRANVILLE SHARP J.A.
Core Terms Beta
order
judgment
learned judge
review
appeal
previous judgment
rehearing
application
court
judge
sufficient reason
case
concession enquiry no.
concessions ordinance
court of appeal
discovery
important matter
opinion
rule
account of some mistake
civil appeal no.
concession
connection
costs
details of the reasons
effect of rule
effect of sections
error
evidence
exercise of due diligence
instant case
law
learned judge opens
mere filing of notice of appeal
opportunity
points
prima facie exhibit
reconsideration
regard
relevant provision
rules
ruling of the learned judge
said judgment
said ordinance
stage
such order
supreme court
trial
van lare j.a.
west african court of appeal

VAN LARE J.A.: We are of opinion that the learned judge opens himself to attack from many points. It is unnecessary to go into details of the reasons, which are vulnerable, given by him for reviewing the judgment he had previously delivered. It is sufficient to say that

(i) The learned judge had no power to review any judgment from which an appeal had been preferred. He erred in law when he said that the mere filing of notice of appeal did not render the court below functus officio until an appeal was actually pending before the Court of Appeal. By so holding, the learned judge omitted to consider the effect of Rule 11 (3) of the Supreme Court (Court of Appeal) Rules, 1957, as follows:— “An appeal shall be deemed to have been brought when the notice of appeal has been filed in the Registry of the Court below”;

(ii) Even if no appeal had been preferred, all that was sought from the learned judge upon the motion (brought under Order 39, r. 8 (3)) was an order for special leave to apply fo…

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