In Re Peace Preservation (Labadi) Order, 1942 And In Re Robert Daniel Patterson, House No. E /1 /17 And In Re Application For Writ Of Prohibition To Issue (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Motion for writ of prohibition—Final or interlocutory judgment ; Appeal—West African Court of Appeal Ordinance Cap. 5, s. 3 (1) and (3).

Facts

Appellant moved the Divisional Court, Accra, to issue a writ of prohibition against execution on his property, but was refused. The amount recoverable was £3 18s. 9d., but property worth more than £100 was attached. Appellant applied for special conditional leave under Cap. 5, s. 3 (3) as from an interlocutory judgment ; he was granted by the Court below, apparently unintentionally, conditional leave under subsection (1). For Respondent it was argued in the Court of Appeal that an appeal did not lie under either subsection. This report is confined to the preliminary objection on appeal.

Held

that as’ the judgment disposed of the issues on the motion it was final and an appeal lay under Cap. 5, s. 3 (1).
Held also, that irregularity in the inception of the appeal was not sufficient to prevent the hearing•thereof.
Appeal by Robert Daniel Patterson from the refusal of the Divisional Court, Accra, to issue a writ of prohibition..

We have accordingly decided to hear the appeal upon its merits.