Kwaku Kanning V. Kwabena Pong & Ors (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeals in Native Courts—Constitution of Native Appeal Court—Membership varied during hearing.

The appellant (originally plaintiff) complained that the proceedings before the Native Appeal Court were a nullity: at the hearing the members were A, B, and C, before whom the record and exhibits were read; at the adjourned hearing they were A, B, and D, an illiterate, and the record was not read to him. The trial Court’s decision was reversed. The appellant had not complained about the mode of hearing to the Native Appeal Court or in his appeal to the Land Court, where he lost. He appealed further to W.A.C.A., where he complained as above.

Held

The proceedings in the Native Appeal Court were a nullity because D came into the panel of the Court and took part in the decision without considering the evidence and exhibits on record. Therefore, an order would have to be made that the appeal be heard de novo in the Native Appeal Court.

Appeal allowed: order for re-hearing.