Lawer V. Tetter Kwao Obor & Anor (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Native Tribunals—Practice—Enforcement of decree—Rules of Supreme Court, Order 43 of schedule 3 (Gold Coast).

The Rules of the  Supreme Court, Order 43 of Schedule 3 (Gold Coast) do not apply to the enforcement of decrees in Native Tribunals.

The facts are sufficiently set out in the judgment. N. A 011ennu for Appellant.

F. Dove for Respondent.

The following joint judgment was delivered :—

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST in GRAHAM PAUL, C.J., SIERRA LEONE.

In referring the appeal to the Provincial Commissioner’s Court back to the Native Tribunal the Acting Deputy Provincial Commissioner was acting under the misapprehension that the Rules of the Supreme Court Order 43 of Schedule 3 applied to the enforcement of decrees in Native Tribunals. They do not.

The appeal is accordingly allowed and the order of the Provincial Commissioner’s Court, including the order as to costs, is set aside, and the case is referred back to the Provincial Commissioner’s Court to re-hear the appeal to it on its merits.

As the appeal has succeeded on a point not raised in the grounds of appeal, each party will bear his own costs in this Court. All costs in the Provincial Commissioner’s Court will abide the ultimate issue and be in the discretion of the Provincial Commissioner at the re-hearing of the appeal.