Bafuor Yaw Antwi V. Tujani Lagos (1942)
LawGlobal Hub Judgment Report – West African Court of Appeal
Jurisdiction—Condition precedent for appeal to Provincial Commissioner’s Court under section 81 of the Native Administration (Colony) Ordinance Cap. 76 not fulfilled.
Held The objection on the ground that the condition precedent for appeal was not fulfilled was in limme.
Appeal allowed and judgment of Paramount Chief’s tribunal restored.
- H. Coussey (with him Dr J. B. Danquah) for Appellant.
- A.. Bossman (with .him N. A. 011ennu) for Respondent. The following joint judgment was delivered :—
KINGDON, C.J., NIGERIA,. PETRIDES, C.J., GOLD COAST, POORLY, J.
The ground of appeal which has’ been argued must succeed, the objection to the jurisdiction of the Provincial Commissioner’s Court is in /imam, and it is clear that the conditions precedent for the appeal to lie to the Provincial Commissioner’s Court under section 81 of the Native Administration (Colony) Ordinance (Chapter 76) had not been fulfilled.
The appeal is allowed, the judgment of the Provincial Commissioner’s Court, including the order as to costs is set aside, and it is ordered, that if any sum has been paid in pursuance of that, judgment it shall be refunded. The judgment of the Paramount Chief’s Tribunal is restored. Since the point now taken has been taken for the first time in this Court, there will be no order for costs in appellant’s favour either in this Court or in the Court of the Provincial Commissioner.
