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AEGIS SHIPPING CO., LTD. V. VOLTA LINES LTD.

(1973) JELR 64917 (HC)

High Court  •  8 Feb 1973  •  Ghana

Coram
ABBAN J.

Judgement

ABBAN J.: In an earlier application, the applicant applied to be joined as a defendant in the suit herein. The said application was heard and, in a considered ruling, the court on 6 November 1972, refused the application. In the present application the applicant is asking for a review of that ruling under Order 39, r. 1 (1) of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A).

It is well known that before the court can exercise its discretion to review any order or judgment under Order 39, r. 1 (1), the person asking for the review must satisfy the conditions spelt out in the said rule. That is, he must show that new and important matter or evidence has been discovered since the judgment was given or the order was made, and that that new matter or evidence after the exercise of due diligence, was not within his knowledge or could not have been produced. Or he must satisfy the court that there is some mistake or error apparent on the face of the record or there is suffi…

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