Metzger V. The King (1951)

LawGlobal Hub Judgment Report – West African Court of 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.

Held: 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. Leave to appeal in criminal cases can only be granted by the Judicial Committee itself.

Wilson for Applicant.
Benka Coker for the Respondent.

The following Judgment was delivered:
Smith, CI . 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 Order-in-Council, 1949 which repealed Order-in-Council of 1930, only regulates civil Appeals.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.

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Application refused.