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PATIENCE ARTHUR V. MOSES ARTHUR

(2014) JELR 68659 (SC)

Supreme Court  •  CIVIL APPEAL NO. J7/3/2014  •  4 Feb 2014  •  Ghana

Coram
G. T. WOOD (MRS) CJ (PRESIDING), R. C. OWUSU (MS) JSC, J. DOTSE JSC, ANIN-YEBOAH JSC, P. BAFFOE-BONNIE JSC, A. A. BENIN JSC, J. B. AKAMBA JSC

Judgement

RULING

DOTSE JSC

It is provided by rule 54 of the Supreme Court Rules, 1996 (C.I.16) that:

54. Grounds for review
“The Court may review a decision made or given by it on the ground of ...
(a) exceptional circumstances which have resulted in a miscarriage of justice, or
(b) the 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 the applicant at the time when the decision was given” emphasis supplied.

In the instant application, the Respondent/Appellant/Respondent/Applicant, hereafter referred to as Applicant has anchored his review application of the judgment of the ordinary bench of this court rendered on the 26th day of July 2013 on the following grounds stated in his statement of case.

“The instant application is brought pursuant to the first ground upon which this Honourable Court would usually review its jurisdiction. It is Applicant’s respectful submission that there is are (s…

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