Chief Oloto & Anor V. The Chairman, L.E.D.B (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Application to this Court to entertain an appeal where no appeal lies under section 3 of the West African Court of Appeal Ordinance Discretionarypowers conferred by section 9 of the said Ordinance invoked—Interpretation of section—Section 9 not applicable where no right of appeal exists-0%1y applicable to cure imperfections in an existing appeal—Decisions given by this Court per incuriam—Circumstances in which Court not bound by its decisions—Decisions in Kofi & Others v. Opanyin Kwaku Twum to be regarded as overruled.

Facts

The appellants moved this Court to entertain an appeal where the value of the land in dispute was only £10. Under section 3 of the West African Court of Appeal Ordinance (Cap. 229), an appeal only lies in relation to a claim which is directly or indirectly for a sum of £50 or upwards. The defendants sought to invoke the provisions of section 9 of the said Ordinance. Section 9 reads as follows:—

” Notwithstanding anything herein before contained, the Court of Appeal may entertain any appeal from a Court below on any terms which it thinks fit.”

Counsel for the appellant founded his submission on the decision of this Court in the case of Kofi 6^, Others v. Opanyin Kwaku Twum (1), and argued that -this Court had unfettered discretion to entertain an appeal in disregard of any provisions of the law whenever it seems to it to be just to do so.

In determining this case the Court considered the circumstances in which it is not bound by its decisions given per incuriam.

Held

Following the decision in the case of Ohin Moore v. Akesseh Tayee, which went to the Privy Council, and other authorities, the Court held that it was _impossible to entertain this appeal because no right of appeal existed.

imperfect thing. This Court may then disregard the imperfection and entertain the appeal.

Held further, that the case of Kofi 6^, Others v. Opanyin was incorrectly decided and came within two classes of decisions per incuriam where the Court is not bound to follow its own decisions. This case should be considered as overruled.

Motion to entertain appeal from Supreme Court.

Application Refused.