Osam Dadzie V. Attorney General (1933)

LawGlobal Hub Judgment Report – West African Court of Appeal

Governor’s Order under section 121 of the Native Administration Ordinance—Application to remove the same into the Supreme Court for the purpose of quashing it—Section 35 of the Native Administration Ordinance—No jurisdiction.

Facts

On an application for a rule nisi directed to the Governor, to show cause why a writ of certiorari should not issue the remove an Order made by him under section 121 of the Native Administration Ordinance into the Supreme Court for the purpose of quashing it, the Divisional Court refused the rule on the ground that it had no jurisdiction.

Held

On appeal, that in making the Order the Governor was performing an executive and not a judicial act, and therefore a Writ of Certiorari would not lie. Held, further, that the Court was expressly debarred from exercising any jurisdiction in the matter by section 35 of the Native Administration Ordinance.

The appeal is dismissed with costs assessed at £27 10s.