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NANA YAW ADWUBENG V. NANA MENSAH DOMFEH

(1999) JELR 66682 (SC)

Supreme Court  •  CIVIL MOTION 58/97  •  16 Jun 1999  •  Ghana

Coram
HAYFRON-BENJAMIN J.S.C. (PRESIDING), AMPIAH J.S.C., KPEGAH J.S.C., ADJABENG J.S.C., ACQUAH J.S.C., ATUGUBA J.S.C., AKUFFO (MISS) J.S.C.

Judgement

AMPIAH, J.S.C.

The applicant seeks a review of the Court's judgment of 16th July, 1997. I have read the Statement Of case filed by both parties in the action and the submissions made therein. It appears to me that the applicant is using this review application as an appeal by calling on this court to have a second look at its own judgment. This is not the intent and purpose of a review application.

Rule 54 of C.I. 16 (the Supreme Court Rules, 1996) requires that for the purpose of a review application, the applicant must show:—

"(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".

All the necessary documents which the applicant relied on were available at the time of hearing and were tendered in evidence although they were rejected by the court after an ex…

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