Chief Ekeleme Substituted By Chief Peter Nnochiri Oriaku V. Ugwuiro & Ors (1949)

LawGlobal Hub Judgment Report – West African Court of Appeal

Practice and Procedure—Appeal one day out of tirne—No special leave toappeal obtained—Suit begun in Native Court—Appeal to District Officer,and thence to Resident—Rehearing in Magistrate’s Court ordered by Residentpursuant to Native Courts Ordinance, section .1(1 —Appeal to (then) High Court– Further rehearing before Magistrate ordered -by High COUYi—A peal 10Supreme Court—Right of Appeal thereafter to West African Court of Appeal—West Africa’s Court of Appeal Ordinance, section 4—West African Court ofAppeal Rules, 1937, rules 14 and 15.

Facts

This suit began in a Native Coat, whose decision was appealed to the District Officer and thence to the Resident, who, pursuant to section 40 of the Native Courts Ordinance, ordered a rehearing in a Magistrate’s Court. The Magistrate’s decision was appealed to the (then) High Court which ordered a further rehearing by another Magistrate. From this decision an appeal was taken to the Supreme Court, which dismissed the appeal. The appellant then sought to appeal to the West African Court of Appeal.

Held

(i) that section 4 of the West African Court of Appeal Ordinance does not confer any right of appeal, and does no more than regulate any such right conferred by some other Ordinance;

2. section 12 of the Magistrates’ Courts (Appeals) Ordinance confers a right of appeal only in cases within the original jurisdiction of the Magistrate’s Courts;
3. section 34 of the Native Courts Ordinance gives a right of appeal only against decisions of the Supreme Court on appeal from Native Courts of first instance, and cannot be extended so as to bring within its provisions any appeal from a decision of the Supreme Court on an appeal from a Magistrate’s Court, even though the case may, in the first instance, have been commenced in a Native Court;
4. A Magistrate does not exercise original jurisdiction when rehearing a case under an order made under section 40 of the Native Courts Ordinance and therefore he then exercises appellate jurisdiction, and his decision therein is a decision upon appeal and falls within section 40 (3) of the Native Courts Ordinance.
5. the decision of the Supreme Court was final and conclusive and no appeal lay to the West African Court of Appeal.

Appeal struck out.