PATIENCE ARTHUR v. MOSES ARTHUR

DOTSE JSC;

It is provided by rule 54 of the Supreme Court Rules, 1996 (C.I.16) that:

54. Grounds for review

“The Court may review a decision made or given by it on the ground of …

(a) exceptional circumstances which have resulted in a miscarriage of justice, or

(b) the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant’s knowledge or could not be produced by the applicant at the time when the decision was given” emphasis supplied.

In the instant application, the Respondent/Appellant/Respondent/Applicant, hereafter referred to as Applicant has anchored his review application of the judgment of the ordinary bench of this court rendered on the 26th day of July 2013 on the following grounds stated in his statement of case.

“The instant application is brought pursuant to the first ground upon which this Honourable Court would usually review its jurisdiction. It is Applicant’s respectful submission that there is are (sic) exceptional circumstances warranting the favourable exercise of this court’s review jurisdiction in favour of the present applicant and such exceptional circumstances have resulted in a miscarriage of justice.” Emphasis supplied.

WHAT THEN ARE THE FACTS OF THIS APPLICATION?

The High Court Accra on the 10th day of May 2010 entered judgment in favour of the Petitioner/Respondent/Appellant/Respondent, hereafter referred to as the Respondent to the following effect:

1. Dissolution of the marriage entered into by the parties on the 24th day of December 1998 at the Emmanuel Presbyterian Church, Dansoman, Accra.

2. Grant of custody of the children to the Respondent, namely Freda Arthur, now aged about 16 years, Stephen Arthur aged 14 years and Priscilla Arthur aged 11 years or thereabout.

3. Grant of access to the children by the Applicant herein anytime he visits Britain where the children were at all material times or anytime the children visit Ghana.

4. The Applicant to maintain the children at GH¢100.00 per child per month with effect from February 2008 and is to be responsible for half of their school fees and medical bills.

5. The respondent was granted ownership of the house purchased for her at Kasoa old Barrier.

6. The Applicant was granted ownership of the matrimonial home. The Respondent to give up possession and deliver up to the Applicant the 2 rooms in the said house.

7. The respondent herein is to have half share of the storey building, and h