OWUSU ASUMA LOTSU
V.
MODJIFA KUDJEY

JELR 81430 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1950-51 13 WACA 239-240
CORAM
VERITY AG. P., LEWEY, J.A. MORGAN, J.
Core Terms Beta
appeal
special leave
application
rule
section
west
appellate jurisdiction
cases
land court
order
ordinance
procedure
west african court of appeal
african court of appeal ordinance
african court of appeal rules
applicant
opinion
conflict
counsel
interlocutory order of a land court
list
matters
method
original jurisdiction
present case
rules
special leave of that court
substantive right of appeal
accra
amendment
divisional court
doubt
effect
enactments
manner
morgan
native court
party
provision
statutory requirement
submission of counsel
such leave

Verity, Ag. P. This is an application for special leave to appeal from an order of the Land Court, Accra, refusing in the exercise of its appellate jurisdiction to re-list an appeal therein from the decision of a Native Court which had been struck out for want of prosecution. It is conceded that the order against which special leave to appeal is sought is an interlocutory order.

By section 2OC of the Courts Ordinance (Cap. 4) (as amended by section 6 of the Courts (Amendment} Ordinance, 1944, it is provided that:-

Any party aggrieved by a decision of the Land Court exercising its original or any appellate jurisdiction, may appeal to the West African Court of Appeal in like manner and subject to the like conditions as if the appeal were an appeal to the West African Court of Appeal from a Divisional , Court exercising its original jurisdiction.”

By section 3 of the West African Court of Appeal Ordinance (Cap. 5), it is provided that:-

“An appeal shall lie to the Court of Appeal from a Div…

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