GEOFFREY M. ASANYO, MAKANA MOTORS, MULTIPLE SALES PROMOTERS LTD & WAKAM ENTERPRISES COMPANY LTD V. ATTORNEY-GENERAL

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The Petition of appeal before the Court is filed under Article 163(4) (a) and (7) of the Constitution, contesting the decision of the Court of Appeal dated 22 January 2019. Principally, the petitioners contest the Court of Appeal’s directions, which required them to file a formal application seeking compliance with a Supreme Court Order, with the respondents being given a right of reply. They urge that the Court of Appeal’s directions infringe on the doctrine of functus officio, in that they amount to a re-opening of litigation on a matter that has been heard with finality. The petitioners contend, further, that the Court of Appeal’s directions contravene Article 163(7) of the Constitution, which requires all other Courts to comply with the decisions of the Supreme Court.

B. BACKGROUND

[2] This is not the first time the matter is being brought before this Court. The Petitioners herein had previously filed in this Court Petition No. 21 of 2015 ? ch…