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KOFI ANTU
V.
OHENE KWEKU BUADU

JELR 86891 (WACA)

West Africa Court of Appeal West Africa [For WACA cases]
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Case Details

Judges:WEBBER, J.
Counsel:W. E. G. Sekyi for the Plaintiff-Appellant. K. A. Korsah for the Defendant-Respondent.
Other Citations:1936-39 1 WACA 273-274

WEBBER, J.

There can be no question as to the power of a Provincial Commissioner to transfer a case from one Tribunal to another; section 71 of the Native Administration Ordinance gives him that power in very clear terms. It is contended, however, that the Commissioner having by order transferred this case to the Divisional Court, he could not review his Order and make an Order of transfer to another tribunal in its stead.

I am of opinion that the order was valid. It is true that the , Commissioner made an Order directing a transfer of this case to the Divisional Court, but within four days of that Order he gave notice of his intention to review it. There seems to be no question as to his power of review.

Section 85 of the Native Administration Ordinance gives him that power, and until the Divisional Court is actually seised of some cause or matter, which does not appear to be the case here, the Provincial Commissioner’s power of review still remains in existence.

MICHELIN, ACTING C.J. THE GOLD COAST COLONY. I concur. KINGDON, C.J. NIGERIA I concur.

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