Owusu Asuma Lotsu V. Modjifa Kudjey (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Application for special leave to appeal from interlocutory judgment by Land
Court sitting in its appellate jurisdiction—Power of West African Court of
Appeal to grant special leave—Application of Rule 13 of the West African Court of Appeal Rules, 1950.

Facts

The plaintiff was the applicant. He applied to the West African Court of Appeal for special leave to appeal from an interlocutory judgment of the Land Court sitting in its appellate jurisdiction on an appeal from a Native Court. The Land Court had refused to re-list an appeal which it had struck out for want of prosecution.

The combined effect of section 20C of the Courts Ordinance (Cap. 4) and section 3 of the West African Court of Appeal Ordinance (Cap. 5), is that ‘an appeal lies from an interlocutory order of a Land Court, whether in its original or appellate jurisdiction, only by special leave of that Court.

Counsel for the applicant argued that the West African Court of Appeal had power to grant special leave under Rule 13 of the West African Court of Appeal Rules, 1950, and further submitted that there appeared to be a conflict between the rules and section 3 of the Ordinance.

Held

Section 3 of the West African Court of Appeal Ordinance is concerned with the substantive right of appeal and determines when and under what conditions an appeal lies. Rule 13 is concerned merely with procedure in matters to which it relates, that is to say, the method whereby special leave may be sought in cases in which leave of the West African Court of Appeal is required by law. Under section 3 of the said Ordinance the only Court empowered to grant special leave from an interlocutory judgment of the Land Court is the Land Court itself, consequently Rule 13 had no application.

Motion dismissed.