OP. KOJO FORI, KYIDOMHENE, ADUM, KUMASI AND OTHERS V. OP. KOFI AGYEI, GYAASEHENE, ADUM, KWANWOMA AND ANOTHER

RULING

EDWARD WIREDU, J.S.C.

The review jurisdiction of the Supreme Court has been conferred by Article 133(1) of the Constitution, which reads as follows: —

The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by rules of court.”

Pursuant to this provision, Rule 54 of the Supreme Court Rules, 1996 (C.I.16) was enacted to regulate the grounds and conditions under which this power may be invoked. Consequently, this Rule provides as follows:—

"The Court may review any decision made or given by it on any of the following grounds —

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 emphasis is mine)

Clearly, the jurisdiction is restricted to the review of decisions “made or given …