JUDGMENT
SMYLY, C.J.
In this appeal counsel for the appellant took ground 4 of his grounds of appeal first, namely :-
“Because the said judgment was contrary to law and the practice and the procedure of the Court.”
This ground was argued on the ground that the case not being one of appeal the Provincial Commissioner had no jurisdiction to transfer the case to himself for trial under the Native Jurisdiction Ordinance.
Counsel for the respondent agreed that the court of the Provincial Commissioner has no original jurisdiction but submits that the objection is too late.
In my opinion a complete want of jurisdiction on the part of the Provincial Commissioner is shewn on the face of the record of appeal, and that the whole of the proceedings before the Provincial Commissioner are void. I refer to the case of Ekua Kumeba v. Amissah and others decided by the Full Court on the 20th March, 1916, in which it was held
(1) That the Native Jurisdiction Ordinance only confers jurisdiction on the Provincia…