KUMNIPA II vs. AYIREBI AND OTHERS

JUDGMENT OF JIAGGE J.A. This motion is for “review and for directions under the Court of Appeal Rules, 1962 (LI 218), rr. 33 and 38 and the inherent jurisdiction of the court.” A preliminary objection was raised at the hearing by the respondents’ counsel on the ground that this court had no jurisdiction to entertain the motion. Counsel submitted that the Court of Appeal, being a statutory creature, could exercise only the powers given under statute and no more. The court might review its own decisions under LI 218, r. 33 but could not review “a review.” The applicant in his affidavit in support of the motion averred that he instituted an action against the respondents in the court below and claimed damages for trespass, accounts and perpetual injunction. On 25 January 1963, his action was dismissed by the High Court, Kumasi. He appealed against the High Court judgment. The Supreme Court on 30 June 1966 allowed his appeal and the judgment of the High Court was set aside...