OFORI-ATTA vs. THE STATE

JUDGMENT OF AMISSAH J.A. I agree that this application is misconceived. None of the judges of the High Court made the order which is sought to be reviewed. It is embodied in a Decree, i.e. the Kwame Nkrumah Properties Decree, 1967 (N.L.C.D. 154), which has the force of an Act of Parliament. The application is brought under Order 39 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), which requires that a review be made by the judge who made the original order. No such judge exists in the courts. If the claim is that the amount to be paid has already been recovered from one of the persons made jointly and severally liable, then the applicant no doubt will seek advice as to the remedy for recovery of any property of his taken in excess of the amount. I have taken this application because I do not agree that Apaloo J.A. is the proper judge to do so. As I have already indicated no judge of the court is entitled to grant the review sought. The motion for review is theref...