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MARTIN ALAMISI AMIDU V. THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD AND ALFRED AGBESI WOYOME

(2014) JELR 68669 (SC)

Supreme Court  •  CIVIL APPEAL NO.J7/10/2013  •  29 Jul 2014  •  Ghana

Coram
WOOD(MRS) C J (PRESIDING), ANSAH JSC, ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC, BENIN JSC, AKAMBA JSC

Judgement

RULING

DOTSE JSC

Writing on the topic, “The Supreme Court and the Power of Review” S.Y. Bimpong-Buta, in Volume XVII, 1989-90, Review of Ghana Law, stated thus:

Whatever lurking doubts existed in the law as to whether or not the Supreme Court (as the final appellate court in Ghana) has the power to have a second look at its previous decisions with a view to correcting its errors or setting it aside on an application by a dissatisfied party were affirmatively resolved by the landmark majority decision in Fosuhene v. Pomaa, delivered on 26 November 1987. The majority in this case, made of Adade and Taylor JJSC and Abban JA, “held inter alia, that the Supreme Court had jurisdiction to correct its own errors by way of review and that the application for review must be “founded on compelling reasons and exceptional circumstances dictated by the interest of justice”. Indeed, on the same day that the majority decision was given in Fosuhene, the same Judges who formed the majority in Fosuhene, …

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