33 Comments in moderation

West African Court of Appeal & Privy Council

GROSZMANN V. BUADU

O. W. J. GROSZMANN

V.

JOHN BUADU AND OTHERS

WEST AFRICAN COURT OF APPEAL HOLDEN AT ACCRA,

13TH DAY OF APRIL, 1939

2PLR/1939/11 (WACA)

OTHER CITATION(S)

2PLR/1939/11 (WACA)

(1939) V WACA P. 103

LEX (1939) – V WACA P. 103

BETWEEN:

PETRIDES, C.J., GOLD COAST (GHANA)

BUTLER LLOYD, AG. C.J., NIGERIA  

STROTHER-STEWART J.

BETWEEN:

O. W. J. GROSZMANN — Respondent

AND

JOHN BUADU AND O. S. AGYEMAN, JUDGMENT-DEBTORS, J. B. ABADOO, AUCTIONEER, KWESI AFRIYEA, PURCHASER, O. S. AGYEMAN, JUDGMENT DEBTOR — Appellant

REPRESENTATION

O. S. AGYEMAN — for Mover

H. V. A FRANKLIN — for Respondent

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

NA

PRACTICE AND PROCEDURE ISSUE(S)

APPEAL:- Application for leave to appeal to Privy Council — No power to grant leave to appeal in forma pauperis — Motion for leave to appeal out of time

JUDGMENT OF THE COURT OF APPEAL

Held:

Application refused for being out of time.

MAIN JUDGMENT

The following joint judgment was delivered:

PETRIDES C. J. GOLD COAST; BUTLER LLOYD, AG. C. J. NIGERIA; AND STROTHER-STEWART, J

Application is out of time. In Amelia Ahulu v. John Akotey this Court held that it had no power to grant leave to appeal in forma pauperis. Even if we had power we should not be prepared to exercise it on the affidavit before us.

Application is refused.