REPUBLIC vs. HIGH COURT, ACCRA AND ANOTHER EX PARTE DARKE XII AND ANOTHER (NO 2)

On 20/10/92 we dismissed this application for review, but reserved the reasons for today. This court has, time and again, in a number of rulings, tried to explain the circumstances in which the court will entertain applications for review. It seems we have not yet succeeded in getting litigants to appreciate that a review is not a matter of course. As I see it, a decision by this court, once given, will, as a rule, not be changed. However, to every rule there is an exception, so goes the saying. A party must have to make an exceptional case if he is to succeed in an application for review. Everything apart, that exceptional case must convince the court that there has been a miscarriage of justice. The decision we gave on the 30/3/92 was to the effect that: (a) the judgment of the High Court presided over by Omari-Sasu J, dated 22/2/89 and of the Court of Appeal dated 19/7/90 confirming it, are null and void; (b) the decision of the High Court presided over by Francois J, dated 11/11/...