Review

O 42 person aggrieved by CC or HC decision shall apply to judge who gave judgement or order for review, order shouldn’t be subject of an appeal, by originating motion supported by affidavit stating grounds, discovery of new matter or evidence which after due diligence wasn’t within one’s knowledge or couldn’t be produced at time judgement was made, mistake or error apparent on record, any other sufficient reason for review.

Applicant shall give 7 days’ notice to all parties and made within 14 days from date order was made, where review is on final judgement court may at any time within 3 months after judgement grant leave to apply for review, when application is granted court will re-hear case or make any order regarding re-hearing as fit, order review isn’t subject to any further review, per Yanney v African Mahogany Exporters Ltd. Chahin v Boateng, Concession Enquiry No 2384.

Review isn’t substitute for appeal, fact that there is good ground upon which judgement can be set aside on appeal is not by itself a ground for granting review per Swaniker v Adotei Twi II. Aschkar v Karam.

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