OHENE MOORE Vs. AKESSEH TAYEE

JUDGEMENT

(1.) This is an appeal from the judgment of the West African Court of appeal, Gold Coast Session, reversing a judgment of the Provincial Commissioner of the Western Province who had reversed a judgment of the Native Tribunal of the Omanhene of Beyin, and the question in the case is whether or not the Provincial Commissioner had jurisdiction to entertain at all the appeal from the Native Tribunal. The action was brought by the plaintiff for damages for trespass on his land and for unlawfully arresting the plaintiff's men. The Native Tribunal had given judgment for the defendant. Now the rules regulating appeals from the Paramount Chief's Tribunal (which this was) are laid down by the Native Administration Ordinance, which is now Ch 3 of the laws of the Gold Coast Colony, 1928. By S.77, sub-S.(1) "A party desiring to appeal from a Paramount Chief's Tribunal shall first obtain the leave of such Tribunal to do so; provided that, if the said Tribunal shall have refused such leave, the Provincial Commissioner's Court or the District Commissioner's Court may nevertheless grant leave to appeal."

(2.) Then by sub-S. (2) it is provided: "Leave to appeal from the Paramount Chief's Tribunal shall not be granted unless and until the appellant shall either have paid the costs in such Tribunal or shall have deposited therein or in the Court to which the appeal is being taken a sum of money sufficient to satisfy such costs; and such Court shall not grant a stay of execution with respect to the said costs."

(3.) An application was made to the Native Tribunal Court for leave to appeal and the Native Tribunal granted conditional leave to appeal on the following conditions. The respondent was "to deposit ?10 into Tribunal against cost of making up and transmission of appeal record; (2) to enter into bond in sum of ?21 2s. 6d. in two sureties of ?25 each to be justified against costs in appeal Court; (8) to give notice of the appeal to all parties affected by the appeal; (4) conditions to be fulfilled within one month from date."