Emmanuel Osei V. E. S. Asiedu-ofei (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Civil Procedure—Representation of Plaintiff by relative—Judgment for Defendant—Appeal by Plaintiff not heard because of relative giving evidence—Native Administration (Colony) Ordinance, Cap. 76, s. 64, second proviso.

Facts

The action was begun in the Native Tribunal and Plaintiff was there represented by his nephew, who produced a power of attorney in that behalf, and gave evidence. The Tribunal gave judgment for Defendant, and Plaintiff appealed to the Provincial Commissioner’s Court, but this Court ordered a retrial on the ground that it was irregular for a third party to give evidence on his behalf. From this order Plaintiff appealed.

Held

that the representation was in order under the second proviso to s. 64 of Cap. 76, although it was not in order for the representative to testify as if he were Plaintiff, but this could not operate to deprive Defendant of his judgment.
Appeal allowed and case remitted to the Provincial CommisSioner’s Court to hear the appeal to it on the grounds before it.
Appeal by Plaintiff from order of Provincial Commissioner’s Court made an appeal from the Native Tribunal.