J. J. Ocquaye V. L. Quarshie & Ors (1937)

LawGlobal Hub Judgment Report – West African Court of Appeal

Costs before Native Tribunal unpaid—Leave to appeal refused—Section 77 (2) of Native Administration Ordinance.

Appellant having failed

1. to pay the costs awarded against him by a Native Tribunal, and
2. to obtain leave from the Native Tribunal to appeal,

applied to the Provincial Commissioner’s Court for leave on the ground that he was unable to pay the costs. His application was refused.

Held, by the West African Court of Appeal on appeal, that

1. the Provincial Commissioner’s Court had no power to grant leave to appeal, being barred from doing so by section 77 (2) of the Native Administration Ordinance, and
2. the proviso to that section gave the West African Court of Appeal no power to grant leave to appeal from a Paramount Chief’s Tribunal to the Provincial Commissioner’s Court.

Appellant in person.

K. A. Bosstnan for Respondent.

The following joint judgment was delivered :—

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST, AND YATES, J.

In this case it is clear that the Provincial Commissioner’s Court had no power to grant leave to appeal, being barred from doing so by the provisions of section 77 (2) of the Native Administration Ordinance (Cap. 111) ; nor does the wording of the proviso to that subsection enable this Court to give to the appellant the relief which he desires, for it does not give to this Court any power to grant leave to appeal from a Paramount Chief’s Tribunal to the Provincial Commissioner’s Court.

The appeal is accordingly dismissed with costs assessed at £8 16s.