NARTEY TOKOLI AND OTHERS vs. VOLTA ALUMINIUM CO. LTD. (NO. 2)

I wish to preface this judgment by making some remarks, even if it is considered to be unnecessary, about the rational foundation of our system of justice. The beauty of the judicial system which we have operated in this country for over 100 years, even before our Supreme Court Ordinance of 1876 came into force, is that we do not cause parties before us to suffer in their person or pocket without assigning what in our honest view are adequate and convincing reasons why they should be so damnified. And in order to ensure that we do this properly a system of appeals to courts in ascending order of authority has been devised so that, seeing that to err is human, mistakes made by our courts are corrected. So ingrained, indeed, is this desire to do justice and eliminate human error that as recently as 26 November 1987, in a landmark decision in Fosuhene v. Pomaa [1987-88] 2 G.L.R. 105, S.C. which is considered in some quarters as revolutionary, we spelled out the circumstances under which...