[1968]DLHC10246March 15, 1968High Court

ADDO vs. SABRAH (No. 2)

In this application brought under Order 39, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), I am asked to review my ruling in Addo v. Sabrah [1968] G.L.R. 154 dated 14 February 1968 to the effect that this court has no jurisdiction to entertain an action for the ejection of a tenant under the Rent Act, 1963 (Act 220). In that ruling I had considered the provisions of paragraphs 27 and 49 of the Courts Decree, 1966 (N.L.C.D. 84). The plaintiff in this case has, for the purposes of the review, sworn to an affidavit in which he has stated: "That since the ruling of the learned trial judge on 14 February 1968 as aforesaid my counsel after the exercise of due diligence has been able to discover the law pertinent to the issue; and that my counsel was not then aware of paragraph 56 of the Courts Decree. 1966 (N.L.C.D. 84), which if he had brought it to the notice of the court the ruling of the learned judge would have been in my favour." This paragraph 5...