Kwabena Nkansah V. Aboasohene Poakwa & Ors (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Right of appeal to W.A.C.A. Chapter 80, s. 24 (7) ; Chapter 4, s. 62 (2).

The Wenchi Native Court gave judgment for plaintiff, who again won on appeal to the Magistrate’s Court, Wenchi, but lost on appeal to the Chief Commissioner’s Court. On further appeal to the W.A.C.A. a preliminary objection was taken that an appeal did not lie.

Held, that an appeal did lie under section 82 (a) of Chapter 4.

The following decision was read by the President

We hold that although section 24 (7) of Chapter 80 does not give a right of appeal to this Court in this case, such a right is conferred by section 62 (2) of Chapter 4, and the appeal accordingly lies and is properly before the Court.

Chapter 80 section 24 (7) reads

Any person aggrieved by any order or decision of the Chief Commis” sinner’s Court made or given on appeal under subsection (2) or (3) or (6) ” may within thirty days from the date of such order or decision appeal ” therefrom to the West African Court of Appeal.”

and Chapter 4 section 62 (2) provides :—

” An appeal against any order or decision given under paragraphs (a) and (b) of sub-section (1) shall lie to the West African Court of Appeal “.