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A/S NORWAY CEMENT EXPORT LTD. V. ADDISON

(1974) JELR 63526 (CA)

Court of Appeal  •  22 Jul 1974  •  Ghana

Coram
APALOO JA,JIAGGE JA,ARCHER JA,FRANCOIS J.A. ,ABBAN J.

Judgement

APALOO J.A.

He delivered the ruling of the court. On 19 April 1973, an ordinary bench of this court by a majority gave judgment (reported in [1973] 2 G.L.R. 151) against the applicants for a large amount of money together with interest and costs. On 10 July 1973, the applicants filed in this court, an application for a review of that judgment. The applicants were professedly invoking the jurisdiction of this court under section 3 (2) (b) of the Courts (Amendment) Decree, 1972 (N.R.C.D. 101). The stated ground for the application, is that the decision of the court occasioned a miscarriage of justice.

There is nothing novel about the jurisdiction conferred on the full bench of this court by the section referred to. A like jurisdiction was conferred on a predecessor of this court by paragraph 7 of the Courts Decree, 1966 (N.L.C.D. 84). How that jurisdiction, then new, was to be exercised, was the subject of the Chief Justice’s practice directive of 16 February 1967 (reported in No. 2 (196…

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