AFRANIE II vs. QUARCOO AND ANOTHER

RANCOIS JSC. The review jurisdiction has come to stay and doubts about its legitimacy have now been laid to rest by the constitution of the Fourth Republic. It is accordingly necessary to repeat the parameters for its exercise. However tedious, its schematic place in the judicial process must be frequently analysed and dissected to firmly implant the limits of this jurisdiction. To start with, a review is only legitimate where exceptional circumstances exist which, if unredressed, would perpetuate miscarriage of justice, but a review is not another avenue for an appeal. Thus in A/S Norway Cement-Export Ltd v Addison [1974] 2 GLR 177 Apaloo JA restated the limits of this jurisdiction at p 182 as follows: “The jurisdiction conferred on the full bench is to review and not to entertain an appeal from the ordinary bench. Indeed an appeal from the ordinary bench to the full bench would only, in effect mean an appeal from one panel of judges to another panel of the same court. According.....