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KWABENA NKANSAH
V.
ABOASOHENE POAKWA AND OTHERS
THE WEST AFRICAN COURT OF APPEAL HOLDEN AT ACCRA, GOLD COAST
15TH DAY OF NOVEMBER, 1944
2PLR/1944/3 (WACA)
OTHER CITATION(S)
(1944) X WACA P. 276
2PLR/1944/3 (WACA)
LEX (1944) – WACA P. 276
BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
HARRAGIN, C.J., GOLD COAST
COUSSEY, J.
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BETWEEN:
KWABENA NKANSAH — Plaintiff-Appellant
AND
1. ABOASOHENE POAKWA
2. AFUA FOFIE
3. AFUA POAKWAAH — Defendants-Respondents
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CASE SUMMARY
Right of appeal, to W.A.C.A. Chapter 80, s. 24 (7); Chapter 4, s, 62 (2).
The Wenchi Native Court gave judgment for plaintiff, who again won on appeal to the Magistrate’s Court, Wenchi, but lost on appeal to the Chief Commissioner’s Court. On further appeal to the W.A.C.A. a preliminary objection was taken that an appeal did not lie.
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held that,
that an appeal did lie under section 62(a) of Chapter 4.
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MAIN JUDGMENT
The following decision was read by the President, KINGDON, C.J., NIGERIA:—
We hold that although section 24(7) of Chapter 80 does not give a right of appeal to this Court in this case, such a right is conferred by section 62(2) of Chapter 4, and the appeal accordingly lies and is properly before the Court.
Chapter 80 section 24(7) reads:-
“Any person aggrieved by any order or decision of the Chief Commissioner’s Court made or given on appeal under subsection (2) or (3) or (6) may within thirty days from the date of such order or decision appeal therefrom to the West African Court of Appeal.”
and Chapter 4 section 62(2) provides:-
“An appeal against any order or decision given under paragraphs (a) and (b) of sub-section (1) shall lie to the West African Court of Appeal”.
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