[2000]DLSC468January 12, 2000Supreme Court

REPUBLIC vs. NUMAPAU AND OTHERS; EX PARTE AMEYAW II

The applicant sought to have sixteen respondents committed for contempt of court related to disputes over chieftaincy matters, including alleged interference with court orders and petitions to traditional councils. The respondents denied the allegations. The Supreme Court initially dismissed the application for contempt, prompting the applicant to seek a review on grounds of miscarriage of justice and per incuriam ruling.

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JUDGEMENT Edward Wiredu JSC. Delivered the ruling of the majority of the court. On 21 July 1999, this court, by a majority decision, dismissed an application brought by the applicant herein for the attachment of the sixteen respondents herein for contempt of court. By the instant application, the applicant prays this court to review its said decision upon the ground that the decision has occasioned a grave miscarriage of justice and therefore it is in the interest of justice that the ruling be reviewed. According to the statement of case filed on behalf of the applicant, this contention is based on two grounds, namely that: “ (i) the ruling was given per incuriam for failure to consider the case law and statute law relevant to the application, and (ii) the applicant’s case was not adequately considered.” The power of this court to review its decisions is governed by rule 54 of the Supreme Court Rules, 1996 (CI 16), which stipulates the only grounds upon which we may exer...