KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND GRAHAM PAUI.J, C.J., SIERRA LEONE. In referring the appeal to the Provincial Commissioner’s Court back to the Native Tribunal the Acting Deputy Provincial Commissioner was acting under the misapprehension that the Rules of the Supreme Court Order 43 of Schedule 3 applied to the enforcement of decrees in Native Tribunals. They do not.
The appeal is accordingly allowed and the order of the Provincial Commissioner’s Court, including the order as to costs, is set aside, and the case is referred back to the Provincial Commissioner’s Court to re-hear the appeal to it on its merits.
As the appeal has succeeded on a point not raised in the grounds of appeal, each party will bear his own costs in this Court. All costs in the Provincial Commissioner’s Court will abide the ultimate issue and be in the discretion of the Provincial Commissioner at the re-hearing of the appeal.