Odikro Esiam Of Ayinasu V. Joseph Sam Brew Of Asafa (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

No case pending in the Native Appeal Court—Effect of Transfer for deter-
mination of Land Court—Operation of section 51 of the Native Courts (Colony)
Ordinance, 1944.

Facts

This appeal first came before the Native Appeal Court which, after granting an adjournment, heard the case in the absence of the then plaintiff-respondent, and allowed the appeal.

The appellant filed a motion asking the Native Appeal Court to set aside its decision and re-hear the appeal on the ground that the hearing took place ex parte. The Native Appeal Court granted the motion and fixed the appeal for re-hearing, but on two occasions the appellant failed to appear and the Court withdrew its consent to the re-hearing of the appeal and confirmed its earlier judgment.

Finally, an order was made transferring the case to the Land Division of the Supreme Court.
The question before the Land Court and before this Court was, whether there was anything pending before the Native Appeal Court which could be transferred to the Land Court.

Held

The Native Appeal Court is expressly authorised to hear appeals ex parte. The Native Appeal Court having dismissed the appeal, it was functus officio, and section 51 of the Native Courts (Colony) Ordinance, 1944, does not, therefore, apply, and the Land Court had no power to re-open the case.

Appeal dismissed.