[2011]DLSC4104 • April 13, 2011 • Supreme Court •
NII KPOBI TETTEY TSURU III vs. THE ATTORNEY-GENERAL
The applicant, Nii Kpobi Tettey Tsuru III, as Mantse chief of La, sought a declaration that the La Wireless Station land, compulsorily acquired by the State in 1947, had ceased to be used for the purpose of a wireless station and that the La Stool, as original owner, was entitled to the first option to reacquire the land under Articles 205 and 206 of the 1992 Constitution.
read moreATUGUBA, J.S.C: The main issue raised by this Review application is whether the decision of this court (by 4-1 majority) dated 19/5/2011 that article 20(5) and (6) of the 1992 constitution is inapplicable to the La Wireless Station Land situate, lying and being at Cantonments, Accra, because the said land had been compulsorily acquired by the State in 1947, long before the advent of the said constitution, should be reversed. The Review jurisdiction of this court is laid down in article 133(l) of the constitution as follows: “133Power of the Supreme Court to review its decision The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by Rules of Court.” Pursuant to this rule 54 of the Supreme Court Rules, 1996 (C.1.16) provides thus: “54.Grounds for review The Court may review a decision made or given by it on the ground of exceptional circumstances which have resulted in a miscarriage of ...