NORA OTOO AND OTHERS V. REUBEN OTOO AND OTHERS

JUDGEMENT

GBADEGBE JSC

We have before us an application that seeks the reversal of the decision of a single Justice of this court that refused to grant leave to the Applicants herein to file a supplementary affidavit and supplementary statement of case in a pending review application before this court.

The background to the application herein is that following the decision of this court in an appeal involving the parties herein, the applicant filed a motion for review of the decision of the ordinary bench. It repays to say that the case which was contested from the trial court and culminated in the decision of the ordinary bench of this court on 17 July 2014 was concerned simply with the construction of the will and indeed, the review application that was filed by the Applicants herein on 15 August 2014 dealt only with issues that alleged misconstruction of the will the subject matter of the action herein by the ordinary bench. Following the filing of the review application, the Applican…