T. E. Dompreh V. J. E. Marfo (1948)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeals from Chief Commissioner’s Court—Native Courts (Ashanti) Ordinance, section 24 (7)—Courts Ordinance, section 62—Jurisdiction of West African Court of Appeal to entertain appeal.

The West African Court of Appeal has no jurisdiction to hear appeals from decisions of a Chief Commissioner’s Court given on appeals from a Magistrate’s Court.

Appeal from Chief Commissioner’s Court, Ashanti.

Benjamin for Appellant.

Oliennu for Respondent.

The following Judgment was delivered:

M’Carthy, J. No provision is made in subsection (7) of section 24 of the Native Courts (Ashanti) Ordinance (Cap. 80), which provides for appeals from the Chief Commissioner’s Court to the West African Court of Appeal, for appeals from any order or decision of the former Court given on appeals from the Magistrate’s Court (as defined in section 2 of the said Ordinance). Nor is any such provision made elsewhere in the Ordinance for appeals from the Chief Commissioner’s Court to the West African Court of Appeal.

Sub-section (1) of section 62 of the Courts Ordinance, which states comprehensively the circumstances in which the Court of the Chief Commissioner of Ashanti shall have and may exercise jurisdiction in Ashanti, provides inparagraph (b) that the said Court shall be a Court of Appeal from decisions of a Magistrates’ Court in accordance with and subject to the provisions of Cap. 80.

Although sub-section (2) of section 62 of the Courts Ordinance states in general terms that an appeal shall lie to this Court from any order or decision given under paragraph (b) of sub-section (1) of section 62, it is reasonable to suppose that just as the particular jurisdiction exercisable by the Chief Commissioner’s Court under this paragraph must be exercised in accordance with and subject to the provisions of Cap. 80, so any rights of appeal from any orders or decisions given by the Chief Commissioner’s Court in the exercise of such jurisdiction must likewise be in accordance with and subject to the provisions of Cap. 80.

As the last mentioned Ordinance makes no provision for an appeal to this Court in the case under consideration, in which the Chief Commissioner heard and determined under the provisions of Cap. 80 an appeal from a decision given by a Magistrate’s Court (as defined by section 2 of the said Ordinance), this Court has no jurisdiction to entertain the present appeal, which must be dismissed with costs assessed at L16 19s. Od.

Appeal dismissed.