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J. J. OCQUAYE
V.
L. QUARSHIE AND OTHERS
WEST AFRICAN COURT OF APPEAL HOLDEN AT ACCRA, GOLD COAST
25TH DAY OF NOVEMBER, 1937
LEX (1937) – III WACA PP. 219
OTHER CITATION(S)
2PLR/1937/15 (WACA)
(1937) III WACA PP. 219
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON., C.J., NIGERIA
PETRIDES, C.J., GOLD COAST
YATES, J.
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BETWEEN:
J. J. OCQUAYE – Plaintiff-Appellant
AND
L. QUARSHIE AND OTHERS – Defendants-Respondents
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
NA
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PRACTICE AND PROCEDURE ISSUE(S)
JUDGMENT AND ORDER:- Costs before Native Tribunal unpaid — Leave to appeal refused — Section 77 (2) of Native Administration Ordinance.
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ORIGINATING COURT(S)
APPEAL FROM COURT OF PROVINCIAL COMMISSIONER EXERCISING APPELLATE JURISDICTION
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REPRESENTATION:
Appellant in person
K. A. Bossman – for Respondent
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CASE SUMMARY
Appellant having failed
(1) to pay the costs awarded against him by a Native Tribunal, and
(2) to obtain leave from the Native Tribunal to appeal,
applied to the Provincial Commissioner’s Court for leave on the ground that he was unable to pay the costs. His application was refused.
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held that:-
(1) the Provincial Commissioner’s Court had no power to grant leave to appeal, being barred from doing so by section 77 (2) of the Native Administration Ordinance, and
(2) the proviso to that section gave the West African Court of Appeal no power to grant leave to appeal from a Paramount Chief’s Tribunal to the Provincial Commissioner’s Court.
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MAIN JUDGMENT
The following joint judgment was delivered:
KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST, AND YATES, J.
In this case it is clear that the Provincial Commissioner’s Court had no power to grant leave to appeal, being barred from doing so by the provisions of section 77(2) of the Native Administration Ordinance (Cap. 111); nor does the wording of the proviso to that sub section enable this Court to give to the appellant the relief which be desires, for it does not give to this Court any power to grant leave to appeal from a Paramount Chief’s Tribunal to the Provincial Commissioner’s Court. The appeal is accordingly dismissed with costs assessed at £8 16s.
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