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KOGLEX LTD V. FIELD

(2000) JELR 68244 (SC)

Supreme Court  •  16 Feb 2000  •  Ghana

Coram
ABBAN CJ JSC, AMPIAH JSC, ADJABENG JSC (DISSENTING), ACQUAH JSC, ATUGUBA JSC (DISSENTING), AKUFO JSC (DISSENTING), SAPONG JSC

Judgement

ACQUAH JSC.

Delivered the first opinion at the invitation of Abban CJ.

This is an application for a review of the judgment of the ordinary bench of this court delivered on 20 May 1998. The judgment was by a majority decision of three to two: per Adjabeng, Atuguba and Akuffo JJSC, with Charles Hayfron-Benjamin and Ampiah JJSC dissenting.

Under rule 54 of the Supreme Court Rules, 1996 (CI 16) as amended, the grounds entitling one to invoke our review jurisdiction are stated as follows:

“(a) exceptional circumstances which have resulted in a miscarriage of justice;
(b) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant’s knowledge or could not be produced by him at the time when the decision was given.”

The applicant herein anchors his request under the first limb of the above rule and therefore concludes paragraph (28) of his statement of case filed on 18 June 1998 in the following words:

“(28) It is submitted that all t…

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