NUMO AKWETEY AWULEY (DCD.) v. NUMO AKWETEY AWULEY (DECEASED)

A seven‑Justice panel of the Supreme Court of Ghana, per a majority opinion signed by Pwamang JSC (presiding), Gaewu JSC, Dzamefe JSC, Mensah JSC, Bartels‑Kodwo JSC, and Amaleboba JSC, dismissed an application that sought review, under Article 133, of a three‑Justice ruling issued pursuant to Article 134(b). The case arose from a land dispute litigated in the High Court, Tema, and affirmed by the Court of Appeal. After service of Civil Form 6, the Applicant failed to file a statement of case and the Supreme Court struck out the appeal. The Applicant’s relisting motion was dismissed by a single Justice and a three‑Justice panel. In the Supreme Court, the Respondent raised a preliminary objection that Article 134(b) decisions are final and not amenable to Article 133 review. The majority adopted a purposive interpretive approach, emphasizing judicial economy and the distinct interlocutory regime of Article 134. It held that Article 133 review does not extend to Article 134(b) decisions and dismissed for want of jurisdiction. Ackaah‑Boafo JSC dissented, asserting that Article 133 permits review of any Supreme Court decision and urging that the matter be heard on the merits.