Kwaku Yeboah V. Kwabena Kwao & Anor (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeal from Supreme Court sitting in its Appellate capacity on an appeal
from a Magistrate’s Court—Supreme Court decision on interlocutory judgment—Applicability of case of Shippi v. Adjin to interlocutory judgments—Circumstances in which provisions of section 8 of West African Court of Appeal Ordinance (Cap. 5) can be invoked.

Facts

The plaintiff was the appellant who appealed against the decision of Korsah, J., sitting in his appellate capacity in a Divisional Court on an Appeal from a Magistrate’s Court. Counsel for the appellant argued that as the decision was an interlocutory one the decision in Shippi v. Adjin is inapplicable. Shippi v. Adjin decided that no appeal lies to this Court from a Divisional Court sitting in its appellate capacity on a magisterial appeal.

The circumstances in which section 8 of the West African Court of Appeal Ordinance (Cap. 5) can be invoked were also considered.

Held

Shippi v. Adjin applies whether the decision of the Divisional Court is final or interlocutory.

Section 8 of the West African Court of Appeal Ordinance can never be used
to cure defects which amount to a failure to comply with a statutory provision.

Appeal dismissed.