NII OKULEY ISAIAH II SUB. BY SAMUEL AKWEI ALLOTEY VS JOSEPH TETTEY & 12 ORS

Per the instant Application the Plaintiff/Applicant is seeking an order clarifying the Judgment of this Court dated the 28th day of January, 2022.

Counsel for the Respondents submits that the instant Application is alien to the rules of Court.

And that nowhere in the Application did the Applicant state the rule of Court, statement or judicial precedent in support of the instant Application.

In A.G. v Faroe Atlantic Co. Ltd. [2005/05] SCGLR 271 at 288-289, Dr. Twum JSC held:

“... a judgment is final because it puts an end to the action by making an award of redress to a party or discharge the other, as the case may be. That, summary Judgment is a final Judgment is too inveterate to [289] be disputed today. And once a Judge pronounces final Judgment, then subject to the rules of Court of any other statutory provision to the contrary, the Court becomes ‘functus officio’. It does not matter if subsequently the Court is differently constituted.” [Emphasis Supplied]

Order 16 Rule 10 of C.I. 47 empowers a Court to correct clerical mistakes in Judgments or Orders or errors arising therein from any accidental slip or omissions, may at any time be corrected by the Court either on its own motion on notice to the parties or on an Application without an Appeal.” [Emphasis Supplied]

The law is trite that a Court of Justice has a duty to render its decisions with sufficient clarity so as not to leave parties in any doubt(s) as to the outcome of its pronouncements.

Where doubts are evident or uncertainties obvious from the Court’s Orders, ruling or Judgments, it is appropriate circumstances to clarify the doubts. [Emphasis Supplied]

See Okofoh Estates Ltd. v Modern Signs Ltd & Anor. [199697] SCGLR 204.

Per holding 1, in NDK Financial Services v Ahaman Enterprise Ltd. [Suit No. J8/29/2016, 10th March 2016], per Akamba JSC.

I have critically examined the issues raised by Counsel for the Applicant in his written submission.

I must state that same clearly boarders on issues that must be raised on appeal.

I say so because a look at the Judgment depicts there are no ambiguities for which reason I dismiss the Application accordingly.

(SGD)

EMMANUEL AMO YARTEY (J)