SAMUEL NYAMPONG ASIHENE & 2 ORS vs. FIC, EOCO

RULING In the Republic Vrs. Mensa-Bonsu [1995-96] GLR 377, at 407 SC, Adade JSC confessed: “Of course judges like any other group of human beings, do make mistakes…” Indeed the common law concedes fallibility to every adjudicatory body, and the inherent jurisdiction to review and rectify its erroneous decision in the interest of justice. See Otu Vrs. Owuodzi [198-88] 1 GLR 196 at 200. SC. The review jurisdiction is not intended as a try-on by a party after losing an appeal, or is it an automatic next step from appeal; neither is it meant to be resorted to as an emotional reaction to an unfavourable judgment – “See Mechanical Lloyd Assembly Plant Ltd. Vrs. Nartey [1987-88] 2 GLR 598 at 603 SC. The present application for review was against an Order made by my respectful brother, Justice Bright Mensah on the 29th day of January, 2013. Under Order 42 r 4, of CI47, it has been provided: “4”JUDGE TO HEAR APPLICATION: “Where the judge who gave the judgment or made the Ord...