BENJAMIN AMPONSAH MENSAH V. MARGARET ANN MENSAH

RULING

DOTSE JSC

It is provided in article 134 (b) of the Constitution 1992 as follows:

"A single Justice of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of a cause or matter before the Supreme Court, except

(b) In civil matters, any order, direction or decision made or given under this article may be varied, discharged or reversed by the Supreme Court, constituted by three Justices of the Supreme Court."

It is also provided under Rule 73 of the Supreme Court Rules, 1996, C. I. 16 as follows:—

"An application pursuant to article 134 of the Constitution in respect of a cause or matter, civil or criminal, shall be made by motion on notice and shall be served on a party who has interest in the cause or matter."

See also section 7 of the Courts Act, 1993 (Act 459) which is a repetition of article 134 of the Constitution 1992.

The Applicants herein are the Executors of the Will of the Estate of Benjamin Amponsah Mensah, (Deceased) the original Petiti…