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METZGER
V.
THE KING
THE WEST AFRICAN COURT OF APPEAL, HOLDEN AT FREETOWN, SIERRA LEONE
9TH DAY OF JANUARY, 1951
2PLR/1951/21 (WACA)
OTHER CITATION(S)
2PLR/1951/21 (WACA)
(1951) XIII WACA PP. 142
LEX (1951) – XIII WACA 142
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BEFORE HIS LORDSHIP:
SMITH, C.J., SIERRA LEONE
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BETWEEN:
METZGER – Applicant
AND
THE KING – Respondent
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REPRESENTATION
Wilson — for Applicant
Benka Coker — for the Respondent
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
NA
PRACTICE AND PROCEDURE ISSUE(S)
APPEAL:- Application to West African Court of Appeal for leave to Appeal to Privy Council – The West African (Appeal to Privy Council) Order in Council, 1949, only applies to Civil cases – Leave to appeal in Criminal cases must be made direct to the Judicial Committee.
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DECISION(S) OF THE WEST AFRICAN COURT FO APPEAL
Held that:
1. The West African Court of Appeal has no power to grant leave to appeal to the Privy Council in Criminal cases. The 1949 Order-in-Council only regulates civil appeals.
2. Leave to appeal in criminal cases can only be granted by the Judicial Committee itself.
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MAIN JUDGMENT
The following Judgment was delivered:
SMITH, C.J.
This is a criminal matter Order-in-Council, 1949 which repealed Order-in-Council of 1930, only regulates civil Appeals.
Leave to appeal in criminal cases can only be granted by the Judicial Committee itself. This Court has no jurisdiction to grant leave.
Application refused.
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