[1987]DLSC742 • November 26, 1987 • Supreme Court •
FOSUHENE vs. POMAA AND OTHERS
The applicant, Samuel Asante Fosuhene, sought a review of the Supreme Court's judgment delivered on 17 June 1987, which had allowed an appeal by the respondents, set aside a decision of the National House of Chiefs, and remitted the chieftaincy matter to the Ashanti Regional House of Chiefs for trial on the merits. The applicant contended that the judgment was erroneous, particularly on the classification of the National House of Chiefs' decision as final rather than interlocutory, and sought review on grounds of exceptional circumstances and interest of justice. The supporting affidavit lacked specification of exceptional circumstances or interest of justice, and largely reargued the appeal.
read moreJUDGMENT OF SOWAH C.J This is an application under article 116 of the Constitution, 1979. The notice of motion was headed “Review of Judgment” and the judgment sought to be reviewed was delivered on 17 June 1987. The grounds given were: (a) exceptional circumstances; and (b) the interest of justice. The supporting affidavit never specified the exceptional circumstances nor even what the interest of justice required. The affidavit which should have contained facts was mainly employed for legal argument, the effect of which is to demonstrate the erroneous view which had been taken by the court. The argument did not indicate the circumstances in which the interest of justice was misapplied; it merely went on to show that the applicant had lost, which, in my view, served the interest of justice to the parties. The jurisdiction of the Supreme Court is conferred by article 116 of the Constitution, 1979 which is almost identical in terms with section 2 of the Courts Act, 1971 (Ac...