DR. DATE-BAH, JSC
This is an application for a review of the judgment of this Court delivered on 22nd May 2012 by a panel of nine judges. Being a review application, the burden on the applicants is to satisfy this Court that there are, in the words of Rule 54(a) of the Supreme Court Rules, 1996 CI 16, in this case “(a) exceptional circumstances which have resulted in miscarriage of justice.” This Court has held time and time again that a review application is not an appeal and should not be argued as if it were. Accordingly, before this Court enters into the full merits of the review application, it should be satisfied that the case falls into one of the categories that existing case law has held to justify the exercise of the review jurisdiction or into a new category justifying such review, since the cases have also held that the categories justifying review are not closed.
I made a similar point in Gihoc Refrigeration and Household Products (No. 1) v. Hanna Assi (No. 1) [2007-2008] S…