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BAFUOR YAW ANTWI
V.
TUJANI LAGOS
THE WEST AFRICAN COURT OF APPEAL HOLDEN AT ACCRA, GOLD COAST
22ND DAY OF MAY, 1942
2PLR/1942/11 (WACA)
OTHER CITATION(S)
2PLR/1942/11 (WACA)
(1942) VIII WACA P. 63
LEX (1942) – WACA P. 63
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
PETRIDES, C.J. GOLD COAST
DOORLY, J.
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BETWEEN:
BAFUOR YAW ANTWI – Plaintiff-Appellant
AND
TUJANI LAGOS – Defendant-Respondent
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REPRESENTATION
J. H. Coussey with Dr. J. B. Danquah – for Appellant
K. A. Bossman with N. A. Ollennu – for Respondent
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
NA
PRACTICE AND PROCEDURE ISSUE(S)
JURISDICTION:- Condition precedent for appeal to Provincial Commissioner’s Court under section 81 of the Native Administration (colony) Ordinance Cap. 76 not fulfilled.
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held:
The objection on the ground that the condition precedent for appeal was not fulfilled was in limine.
Appeal allowed and judgment of Paramount Chief’s Tribunal restored.
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MAIN JUDGMENT
The following joint judgment was delivered:
KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST, DOORLY, J.
The ground of appeal which had been argued must succeed, the objection to the jurisdiction of the Provincial Commissioner’s Court is in limine, and it is clear that the conditions precedent for the appeal to lie to the Provincial Commissioner’s Court under section 81 of the Native Administration (Colony) Ordinance (Chapter 76) had not been fulfilled.
The appeal is allowed, the judgment of the Provincial Commissioner’s Court, including the order as to costs is set aside, and it is ordered that if any sum has been paid in pursuance of that judgment it shall be refunded. The judgment of the Paramount Chief’s Tribunal is restored. Since the point now taken has been taken for the first time in this Court, there will be no order for costs in appellant’s favour either in this Court or in the Court of the Provincial Commissioner.
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