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WASSEM ATTIEH V. KOGLEX (GH) LTD. & ANOR. SAMIR KHOURY & ANOR.

(2002) JELR 68050 (SC)

Supreme Court  •  CIVIL MOTION NO. 37/2001  •  24 Apr 2002  •  Ghana

Coram
A. K. B. AMPIAH JSC,F. Y. KPEGAH JSC,E. D. K. ADJABENG JSC, G. K. ACQUAH JSC,W. A. AGUTUBA JSC,T. K. ADZOE JSC.

Judgement

RULING

JOYCE BAMFORD-ADDO, J.S.C.

This is an application for the Review of the Judgment of the Supreme Court dated 9th May 2001 brought by Defendants/Applicants under Rule particularly 54(a) of the Supreme Court Rules 1996. (C.I.16) which Rule provides that:

"Rule 54. The court may review any decision made or given by it on any of the following grounds

(a) exceptional circumstances which have resulted in miscarriage of justice

(b) discovery of new and important matter or evidence which after the exercise of due diligence, was not within the applicants knowledge or could not be produced by him at the time when the decision was given"

The Plaintiff/Respondent opposes this application for Review on the ground that the grounds given for this application do not satisfy the relevant test namely exceptional circumstances which have resulted in miscarriage of justice" as provided under Rule 54(a) C.I.16

The Supreme Court has discussed what amounts to exceptional circumstances leading to a miscarriag…

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