33 Comments in moderation

West African Court of Appeal & Privy Council

OHENE OF ASSACHERE V. OHENE OF DADIASE

OHENE OF ASSACHERE

V.

OHENE OF ADIASE

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

DELIVERED ON THE 10TH DAY JULY, 1945

PRIVY COUNCIL APPEAL NO. 56 OF 1942

LEX (1945) – P.C. 56

OTHER CITATION(S)

2PLR/1944/13 (PC)

(1945) XI WACA P. 1

(1945) P.C. 56

BEFORE THEIR LORDSHIPS

LORD THANKERTON

LORD GODDARD

SIR JOHN BEAUMONT

BETWEEN:

OHENE OF ASSACHERE – Appellant

AND

OHENE OF ADIASE – Respondent

ORIGINATING COURT(S)

FROM THE WEST AFRICAN COURT OF APPEAL

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

NA

PRACTICE AND PROCEDURE ISSUE(S)

JUDGMENT AND ORDER:- Application to review own judgment – West African Court of Appeal – Attitude of court thereto

DECISION OF THE PRIVY COUNCIL

Held (dismissing the Appeal):

The Appellant has been seeking to have three concurrent judgments on that which is a pure question of fact reviewed by this Board, which is contrary to the well-known practice of this Board, there being in this case no special reason for departing from the usual practice.

MAIN JUDGMENT

LORD THANKERTON [DELIVERING THE JUDGMENT OF COURT]

Their Lordships have heard this case on behalf of the Appellant at considerable length, and the result has been to put it beyond doubt that the Appellant has been seeking to have three concurrent judgments on that which is a pure question of fact reviewed by this Board, which is contrary to the well-known practice of this Board, there being in this case no special reason for departing from the usual practice; accordingly their Lordships will humbly advise His Majesty that this appeal should be dismissed.

The Appellant will pay the respondent’s costs of this appeal.