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RULING
EDWARD WIREDU, J.S.C.:
In the decision I have just
read, in Opanin Kojo Fori &
Others v. Opanin Kofi Adjei &
Another, C.M. 6/98, I set out
the parameters guiding the
exercise of the Supreme Court's
review jurisdiction. In the
light of the Court's decision in
that case, there is no doubt in
my mind that the instant
application offends against the
rules and principles of review.
Since the matter before us is an
application for review, rather
than appeal, the Court's concern
is not with whether or not we
agree with the decision of the
Ordinary Bench of the Court.
Rather, what concerns us, and
the only consideration which
Rule 54 of the Supreme Court
Rules, 1996 (C.I.16) permits us
to take into account, is whether
or not there is any proper
ground for us to exercise our
review jurisdiction.
For the purpose of this
application, therefore, the
question is whether or not the
Applicant has demonstrated any
exceptional circumstances
connected with the decision,
which have resulted in a
miscarriage of justice. The most
cursory study of the judgment
against which this applicant has
been brought would reveal that
the issues raised by Counsel for
the Applicants in his Statement
of Case herein are, in
substance, the same as those
raised before the Ordinary
Bench, and Counsel's arguments
are no more than a rehash of the
Applicant's case in the appeal.
These issues were extensively
considered in both the minority
and the leading majority
opinions in the judgment. The
fact that the applicants might
have a preference for the
minority views cannot constitute
adequate justification for a
review of the judgment.
The application has no merit
whatsoever and I have no
hesitation in dismissing the
same.
E. K. WIREDU
JUSTICE OF THE SUPREME COURT
MRS. BAMFORD-ADDO, J.S.C:
I agree.
J. BAMFORD-ADDO (MRS.)
JUSTICE OF THE SUPREME COURT
AMPIAH, J.S.C.:
I agree.
A.K.B. AMPIAH
JUSTICE OF THE SUPREME COURT
ADJABENG, J.S.C.:
I agree.
E.D.K. ADJABENG
JUSTICE OF THE SUPREME COURT
ACQUAH, J.S.C:
I agree.
G. K. ACQUAH
JUSTICE OF THE SUPREME COURT
ATUGUBA, J.S.C.:
I agree.
W. A. ATUGUBA
JUSTICE OF THE SUPREME COURT
MS. AKUFFO, J.S.C.:
I also agree.
S. A. B. AKUFFO (MS.)
JUSTICE OF THE SUPREME COURT
COUNSEL
Mr. James Ahenkorah for the
Applicant
Mr. J. K. Agyemang for the
Respondent |
