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SWANIKER V. ADOTEI TWI II

(1966) JELR 67217 (SC)

Supreme Court  •  14 Feb 1966  •  Ghana

Coram
SARKODEE-ADOO C.J.,OLLENNU JSC,APALOO J.S.C.

Appearances
B. J. DA ROCHA FOR THE APPLICANT; J. B. QUASHIE-IDUN FOR THE RESPONDENT.

Judgement

SARKODEE-ADOO C.J.: This is an application under rule 33 of the Supreme Court Rules, 1962,1 for a review of a judgment of this court delivered on 30 June 1964 (unreported). Rule 33 provides as follows:

“The Court shall not review any judgment once given and delivered by it save where it is satisfied that the circumstances of the case are exceptional and that in the interest of justice there should be a review.”

Before proceeding to deal with the merits of the application, it is pertinent to point out that the power to review was only recently conferred upon this court, and to the best of my recollection, there has been before this court only one application in the case of Adusei v. Marfo2 and I reproduce the ruling hereunder:

“RULING: The record of the proceedings and the argument by counsel for the parties leave no doubt in our minds that this is a proper case for a review in compliance with the specific provision as contained in rule 33 of the Rules of the Supreme Court, 1962. The judg…

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