Nana Kojo Appiah II & Anor V. Gyasehene Kwame Badu & Ors (1955)
Practice and Procedure—Native Courts (Colony) Ordinance, 1944 (Cap. 98), section 39: on notice of joinder—Persons joined on their own application not served with notice.
Facts
The above section requires notice of joinder to be served on a person joined as a party.
Two persons were joined, as co-plaintiff and co-defendant respectively, in the Native Court on their own applications.
In the Land Court on appeal the point was taken that they had not been served with notice, and the Judge held that the trial was null and void. In fact they had appeared and taken part at the trial.
Held
The object of the section is to give notice to the person concerned so that he may appear if he wishes. In this case those concerned knew of the joinder and must be regarded as having waived service of notice.
Appeal allowed; case remitted for hearing of the appeal.
