33 Comments in moderation

West African Court of Appeal & Privy Council

IN THE MATTER OF CONTEMPT OF COURT IN RE J. O. IZUORA

THE WEST AFRICAN COURT OF APPEAL, HOLDEN AT LAGOS, NIGERIA

23RD DAY OF NOVEMBER, 1951

2PLR/1951/29 (WACA)

OTHER CITATION(S)

2PLR/1951/29 (WACA)

(1951) XIII WACA P. 312

LEX (1951) – XIII WACA 312

BEFORE THEIR LORDSHIPS:

VERITY, C.J., NIGERIA

LEWEY, J.A.

JIBOWU, J.

BETWEEN

IN THE MATTER OF CONTEMPT OF COURT IN RE J. O. IZUORA

ISSUE(S) FROM THE CAUSE(S) OF ACTION

CRIMINAL LAW AND PROCEDURE:- Criminal contempt of Court – Conviction thereof – Whether no appeal lies to the West African Court of Appeal.

CASE SUMMARY

The applicant appealed to this Court against a decision of the Supreme Court fining him for a Criminal Contempt of Court.

DECISION(S) OF THE WEST ADFRICAN COURT OF APPEAL

Held that:

Following Poku &, Anor. (1), that no appeal lies to the West African Court of Appeal.

Case referred to:-

In re Poku & Jantuah, 13 W.A.C.A. 277.

MAIN JUDGMENT

THE FOLLOWING JUDGMENT WAS DELIVERED:

VERITY, C.J.

In view of the judgment of this Court in the matter of Poku & Anor., it is apparent that no appeal can be brought under section 10 of the West African Court of Appeal Ordinance (Cap. 229) in such a matter as the present. There is no appeal therefore before this Court and the proceedings are struck out.

Appeal struck out.