Chief Kwamina Sakyiama V. J. M. Cook (1932)

LawGlobal Hub Judgment Report – West African Court of Appeal

Review—Refusal to—Section 74 (1) of Native Administration Ordinance as amended by Ordinance 23 of 1931,—Such amendment not retrospective in effect.

Facts

In an action for slander, the Native Tribunal of the Paramount Chief of Cape Coast delivered judgment in favour of the Plaintiff for £4 Is. damages and £74 Ifis costs. An application for leave to appeal from that judgment was refused by the District Commissioner on the ground that section 74 (I) of the Native Administration Ordinance specifically limited appeals from a Paramount Chief’s Tribunal to a District Commissioner in cases other than in land cases to cases in which the subject matter of the appeal was £5 or upwards exclusive of costs.

Held

On appeal to the Divisional Court of Cape Coast from that decision, the appeal was dismissed, and on a further appeal to the West African Court of Appeal, that appeal was also dismissed.

On a motion being made to the West African Court of Appeal to review its udgment on the ground that since the decision of the District Commissioner, the provisions of section 74 (1) of the Native Administration Ordinance had been amended by Ordinance No. 23 of 1931 so as to allow an appeal as to costs exceeding £5, it was held that such amending Ordinance had no retrospective effect.

The application for a review was accordingly refused.