Kemkunna Maduwariri & Anor V. Regina (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Native Courts Ordinance—appeal to Lieutenant-Governor—order of certiorari.

Facts

Judgment was given against the appellants in a Native Court. There were appeals to the District Officer and then to the Resident who restored the judgment of the Native Court. An appeal from the Resident’s decision lies to the Lieutenant-Governor within 30 days by section 31 (3) of the Native Courts Ordinance (Cap. 142).

The appellants, out of time, sent a petition to the Lieutenant-Governor by way of appeal. The matter came before the LieutenantGovernor, who treated the application as one for leave to appeal out of time and refused the application.

The appellants alleged that the Resident had granted them leave to appeal, but this was not established.

The Court below refused leave to apply for an order of certiorari to squash the Lieutenant-Governor’s decision, and the matter was brought on appeal to this Court.

Held

The appeal being out of time, the Lieutenant-Governor properly dealt with the matter as an application for leave to appeal out of time. The proceedings before the Lieutenant-Governor were regular upon their face, and there was nothing to establish want of jurisdiction or excess of jurisdiction. The application for an order for certiorari was, therefore, correctly refused.

Appeal dismissed.