Apena Of Ikene V. Shonusi Of Ikene (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeal from Native Court to Protectorate Court—Order for re-hearing under Native Courts Ordinance sec. 36 (1) (b)— Implied Order setting aside judgment of Native Court.

Facts

In the Native Court judgment was in favour of the plaintiff. On appeal to the Magistrate’s Court, the Magistrate made an order under section 36 of the Native Courts Ordinance for a re-hearing de novo in his Court. The case was subsequently transferred for trial to the High Court, where the Judge in dismissing the plaintiff’s claim made an order setting aside the judgment of the Native Court.

Held

The order for re-hearing made by the Magistrate set aside the judgment of the Native Court and the Order of the Judge to that effect was redundant.

The respondents are awarded the costs of this appeal assessed Graham at 15 guineas.