Ndalaku Ochonma V. George Francis Quagraine. (Substituted for Isaac Quagraine) (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Transfer by District Officer under section 25 (1) (c) of the Native Courts Ordinance wrongly exercised—Variation of order by District Officer at request of Judge of Supreme Court by substituting section 25 (1) (b) for section 25 (1) (c) —Such amendment does not convert order of transfer to an order setting aside judgments of the Native Courts—Proceedings before Supreme Court a nullity.

Facts

The appellant instituted proceedings in the Native Court of Onitsha and was successful. The respondent appealed to the Native Court of Appeal and his appeal was dismissed. The District Officer, Onitsha, purported to transfer the case to the Supreme Court under section 25 (1) (c) of the Native Courts Ordinance, 1933.

During the hearing before the Supreme Court it appeared to the Court that the order of transfer was null and void and, with the consent of Counsel, the Judge decided to request the District Officer to amend his order by substituting section 25 (1) (b) for section 25 (1) (c) and the successor to the District Officer some six months after the original order made an amendment as requested. The Supreme Court found in favour of the respondent and appellant appealed to this Court arguing that the proceedings before the Supreme Court were a nullity.

Held

There is no power for a District Officer to transfer a case after judgment and that the substitution of section 25 (1) (b) for section 25 (1) (c) did not convert the Order of Transfer to an order setting aside the judgments of the Native Courts. The proceedings before the Supreme Court were a nullity.

Appeal allowed.