[2019]DLHC9127May 20, 2019High Court

MISS RITA EFFAH AND JOSEI OTI vs. IBRAHIM DODOO, EDDY PALMER AND QUEENCY CO. LTD

On 12th March 2019, after a lengthy trial, this Court, relying on section 32(6) of the Stamp Duty Act, 2005 Act 689, struck out the instant suit on account of the absence of stamp duties on the Powers of Attorney that were used by the Plaintiff’s attorney to commence the action. Subsequently, counsel for the Plaintiffs, on the 26th of March 2019, filed this application for review of the Court’s judgment under Order 42 of the High Court (Civil Procedure) Rules 2004, C.I. 47, which provides as follows; 1. (1) A person who is aggrieved (a) by a judgment or order from which an appeal is allowed, but from which no appeal has been preferred; or (b) by a judgment or order from which no appeal is allowed, may upon discovery of new and important matter or evidence which after the exercise of due diligence was not within that person’s knowledge or could not be produced by that person at the time when the judgment was given or the order made, or on account of some mistake or erro...