OLLENNU J.A.: This is an appeal against an order of certiorari made by the High Court, Ho, quashing an order of the Anlo Local Court which committed the respondents to prison for default in compliance with an order for payment of costs by instalment.
A brief history of the matter is necessary for a clear appreciation of the issues raised. The respondents, as plaintiffs, in or about 1958, instituted action against the appellants, as defendants, in the erstwhile Wego-Torgo Native Court “B” for declaration of title to and recovery of possession of a piece of land situate at a place called Afiadenyigba in the Keta District. The value of the land is stated to be about £G2,500. The Wego-Torgo Native Court “B” was established under the Native Courts (Southern Togoland) Ordinance, Cap. 106 (1951 Rev.), and had unlimited jurisdiction in land suits.
Judgment was entered for the plaintiffs in the Wego-Torgo Native Court “B” on 19 March 1959, but the same was set aside on 8 May 1962, by the High C…