HOME        UNREPORTED CASES OF THE SUPREME

                                    COURT OF GHANA 2000

IN THE SUPERIOR COURT OF JUDICATURE

IN THE SUPREME COURT OF JUSTICE

ACCRA A.D. 2000

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CORAM: WIREDU, J.S.C    (PRESIDING)

MRS. J BAMFORD-ADDO, J.S.C

AMPIAH, J.S.C

ADJABENG, J.S.C

ACQUAH, J.S.C.

ATUGUBA, J.S.C.

MS. AKUFFO, J.S.C.

CM. 13/98

18TH OCTOBER, 2000

OPANIN KWABENA BOAKYE       )

OF KODIE PER HIS ATTORNEY   )       -  PLAINTIFF/APPLICANT

JOHN OSEI                                       )     

VERSUS

FRANCIS MANU                               )

OF KODIE PER HIS ATTORNEY   )       -   DEFENDANT/RESPONDENT

ABENA ADOWAA                            )

________________________________________________________________________________

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