Mama Gariba & Ors V. Alhaji Ibrahimah Of Sekondi (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Section 8 of the West African (Appeal to Privy Council) Order-in-Council,
1949—A pplicati on by substantive motion for Court to exercise its powers there-
under—Whether such powers exercisable on substantive motion or only when
leave to appeal or final leave to appeal is granted—Powers of the Court under
Rules 39 and 40 of the West African Court of Appeal Rules, 1950.

Facts

This was a motion praying (1) for an order directing the Court below to carry out a judgment of this Court, (2) for the appointment of a receiver and manager, and (3) for an order that the plaintiff be re-admitted to occupation of part of the premises.

Section 8 of the West African (Appeal to Privy Council) Order in Council, 1949, empowers the Court when granting leave to appeal either to direct that the judgment, subject to appeal to the Privy Council, shall be carried into execution, or that execution shall be suspended.
Counsel for the applicant argued that such an application could be granted on a substantive motion, and not when the Court was granting leave to appeal or final leave. It was also argued that Rules 39 and 40 of the West African Court of Appeal Rules, 1950, could be invoked.

Held

When granting leave to appeal or final leave, it may be that the Court can entertain such an application. The Court has no power to entertain such an application on a substantive motion made independently of an application for leave to appeal or final leave.
Rules 39 and 40 of the West African Court of Appeal Rules, 1950, relate only to the enforcements of judgments of the West African Court of Appeal. The applications did not relate to the judgment of the West African Court of Appeal and the Court had now no power to add to its judgment.

Application refused.