Anoje & Ors V. Opara Ukweje & Ors (1955)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

West African Court of Appeal Rules—defective bond—Sections 8 and 9 of the West African Court of Appeal Ordinance.

Facts

On this appeal coming on for hearing it was submitted that it was not properly before the Court as the bond was not executed in accordance with Rule 17 of the West African Court of Appeal Rules, 1950.

Section 8 of the West African Court of Appeal Ordinance provides that the Court shall not entertain any appeal unless the appellant has fulfilled all the conditions of appeal imposed by the Court below as prescribed by Rules of Court, but section 9 provides “notwithstanding anything hereinbefore contained the Court of appeal may entertain any appeal from a Court below on any terms which it thinks fit.”

Held

That this was a defect of a minor and technical nature in not complying with a condition imposed by the Court below under the Rules. Under the provisions of section 9 the Court allowed the appellants an opportunity to remedy the defect.

Note.—This follows the decision in Chief Oloto and another v the Chairman, L.E.D.B. (1). Section 9 does not cover the case of a failure to comply with the statutory provisions, the effect of which would be that there is no appeal before the Court.

Bond remitted for amendment.