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SAMUEL BONNEY & 4,174 OTHERS V. GHANA PORTS AND HARBOURS AUTHORITY

(2014) JELR 68678 (SC)

Supreme Court  •  CIVIL APPEAL NO. J7/8/2014  •  29 May 2014  •  Ghana

Coram
WOOD (MRS) CJ PRESIDING, ANSAH JSC, OWUSU (MS) JSC, DOTSE JSC, YEBOAH JSC, BONNIE JSC, GBADEGBE JSC

Judgement

RULING

BAFFOE-BONNIE JSC.

Rule 54 of the Supreme Court Rules, 1996 (CI 16) provides as follows;

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 important matter of evidence which after the exercise of due diligence, was not within the applicants knowledge or could not be produced by the applicant at the time when the decision was given.

The remit of this rule has been expounded in a number of cases.

In the case of Afranie II v. Quarcoo [1992] GLR 561, at 591-592,Wuaku JSC said:

“There is only one Supreme Court. A review court is not an appellate court to sit in judgment over the Supreme Court”.

Then in the case of Mechanical Lloyd Assembly Plant Ltd v. Nartey [1987-88] 2 GLR 598 the Supreme Court said,

“The review jurisdiction is not intended as a try on by a party losing an appeal neither is it meant to be resorted to as an emotional re-action…

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