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LAWER
V.
TETTER KWAO OBOR AND ANOTHER
THE WEST AFRICAN COURT OF APPEAL HOLDEN AT ACCRA, GOLD COAST
12TH DAY OF JUNE, 1943
2PLR/1943/51 (WACA)
OTHER CITATION(S)
2PLR/1943/51 (WACA)
(1943) IX WACA P. 142
LEX (1943) – WACA P. 142
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST
GRAHAM PAUL, C.J., SIERRA LEONE
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BETWEEN:-
LAWER – Plaintiff-Respondent-Respondent
AND
1. TETTER KWAO OBOR – Defendant
2. ODARKWEI LAMPTEY – Claimant-Appellant-Appellant
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REPRESENTATION
N. A. Ollennu – for Appellant
F. Dove – for Respondent
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
NA
PRACTICE AND PROCEDURE ISSUE(S)
COURT:- Native Tribunals — Practice — Enforcement of decree — Rules of Supreme Court, Order 43 of schedule 3 (Gold Coast)
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held (Allowing the appeal):-
The Rules of the Supreme Court, Order 43 of Schedule 3 (Gold Coast) do not apply to the enforcement of decrees in Native Tribunals.
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MAIN JUDGMENT
The following joint judgment was delivered:-
KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND GRAHAM PAUL, C.J., SIERRA LEONE.
In referring the appeal to the Provincial Commissioner’s Court back to the Native Tribunal the Acting Deputy Provincial Commissioner was acting under the misapprehension that the Rules of the Supreme Court Order 43 of Schedule 3 applied to the enforcement of decrees in Native Tribunals. They do not.
The appeal is accordingly allowed and the order of the Provincial Commissioner’s Court, including the order as to costs, is set aside, and the case is referred back to the Provincial Commissioner’s Court to re-hear the appeal to it on its merits.
As the appeal has succeeded on a point not raised in the grounds of appeal, each party will bear his own costs in this Court. All costs in the Provincial. Commissioner’s Court will abide the ultimate issue and be in the discretion of the Provincial Commissioner at the re-hearing of the appeal.
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