Akinola Ma Ja & Others V. Harriet Johnson (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Application for leave to appeal by a person not a party to the suit—No provision in West Africa.’ Court of Appeal Ordinance (Cap. 239)—Practice prescribed by the English Annual Practice followed.

Facts

This was an application for leave to appeal by beneficaries under a Will. An action had been brought by the executors to propound the will in solemn form but the Court declared the will to be null and void. The applicants were not a party to tlie suit and the executors decided not to appeal.

The West African Court of Appeal Ordinance does not preclude the applicants from bringing an appeal in such circumstances, but there is nothing in the Rules of this Court prescribing the means by which they may do so. Rule 42 of the West African Court of Appeal Rules, 1950, prescribes that in the absence of provision recourse may be had to the practice for the time being in farce in England.

Held

The Annual Practice in England establishes that where a person might have been a party to the suit he may be granted leave to appeal against a judgment affecting his interest. Leave to appeal was, therefore, granted.

Application allowed.