APALOO C.J.: I agree with the judgment to be read by Adade J.S.C. and for the reasons which he gives I would dismiss the appeal.
SOWAH J.S.C
I also agree with the judgment to be read by Adade J.S.C. and for the reasons which he gives I would also dismiss the appeal.
ADADE J.S.C.
On 14 January 1984 this court unanimously dismissed the above appeal, but we reserved our reasons. I now proceed to indicate why I concurred in the said decision.
The case was listed to this court as civil appeal No. 1 of 1983. Opening his case, however, Mr. Tsikata, counsel for the defendant-appellants, drew attention to its true nature, as a review-turned-appeal, by virtue of the provisions of section 5 of the transitional provisions of the Constitution, 1979. The said section 5 says:
“5. Any review pending before the full bench of the Court of Appeal immediately before the coming into force of this Constitution shall, subject to section 3 of this Schedule, be deemed to be an appeal pending before the Supreme Cour…