ADUMUA-BOSSMAN J.: (His lordship referred to the facts and continued).
It was in the foregoing circumstances that on the appeal coming up for argument before me on 21st October, 1960, I addressed Dr. Danquah as follows:—
“It appears to the court that the final judgment of the trial court was that dated 31st December, 1958, see Muffat v. Tetteh Kpeshie II (14 W.A.C.A. 44) and that the application to set aside that judgment which was disallowed and the judgment of 31st December, 1958 confirmed, was interlocutory and order appealable by special leave which has not been obtained. Moreover, the appeal lies to the Magistrate’s Court. Can you satisfy the court that is not the legal position?”
Learned counsel then submitted firstly that the decision of 3rd February, 1959, was not interlocutory but final; and secondly that the decision of 31st December, 1958, was an ex parte decision which was not appealable until application to set it aside had been made and refused as provided by section 51 of …