West African Developments Syndicate, Limited V. W. Tsiboe (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Construction of section 4 (1) of the West African Court of Appeal Ordinance (Cap. 5)–Circumstances in which Court of Appeal can grant leave to appeal
under section 8 of said Ordinance considered.

Facts

The defendant-applicants moved the Court for leave to appeal under the provisions of section 8 of the West African Court of Appeal Ordinance (Cap. 5).

The applicant had been unsuccessful before a magistrate and on appeal to the Divisional Court. The real questions on this motion were concerned with whether or not under section 4 of the said Ordinance an appeal lies from the Divisional Court and whether—if an appeal does not ordinarily lie—the provisions of section 8 of the West African Court of Appeal Ordinance can properly be invoked to remedy this.

Held

Following Shippi v. Adjin, 12 W.A.C.A. 472, that section 4 of the said Ordinance does not of itself give any right of appeal where no such right exists, but merely provides for the manner in which such a statutory right is to be exercised.

No Ordinance empowers a party to appeal who has been unsuccessful both before a magistrate and on appeal to the Divisional Court, and, therefore, section 4 was not applicable.

Held further, that as no appeal lies to this Court there can be no question of invoking the provisions of section 8 of the West African Court of Appeal Ordinance.

Application dismissed.