Louis Nnamdi & Anor V. Commissioner Of Police (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeal from Supreme Court exercising its appellate jurisdiction—West African Court of Appeal Rules, 1950, not applicable—Procedure governed by section 8 of the Magistrate’s Courts (Appeals) Ordinance (Cap. 123).

Facts

The applicants applied for leave to appeal from a decision of the Supreme Court exercising its appellate jurisdiction in regard to convictions in a Magistrate’s Court. The applicants appeared to follow the procedure laid down by the West African Court of Appeal Rules, 1950, for appeals from convictions in the Supreme Court, instead of the procedure provided by section 8 of the Magistrate’s Courts (Appeals) Ordinance (Cap. 123) relating to appeals from a Magistrate’s Court to the Supreme Court and from the Supreme Court to this Court.

Held

The West African Court of Appeal Rules are not applicable. The procedure is governed by section 8 of the Magistrate’s Court (Appeals) Ordinance. The appropriate procedure had not been followed. There was no appeal before the Court. The applications were, therefore, struck out.

Application struck out.