M'Carthy, J. No provision is made in subsection (7) of section 24 of the Native Courts (Ashanti) Ordinance (Cap. 80), which provides for appeals from the Chief Commissioner’s Court to the West African Court of Appeal, for appeals from any order or decision of the former Court given on appeals from the Magistrate’s Court (as defined in section 2 of the said Ordinance). Nor is any such provision made elsewhere in the Ordinance for appeals from the Chief Commissioner’s Court to the West African Court of Appeal.
Sub-section (1) of section 62 of the Courts Ordinance, which states comprehensively the circumstances in which the Court of the Chief Commissioner of Ashanti shall have and may exercise jurisdiction in Ashanti, provides in paragraph (b) that the said Court shall be a Court of Appeal from decisions of a Magistrates’ Court in accordance with and subject to the provisions of Cap. 80.
Although sub-section (2) of, section 62 of the Courts Ordinance states in general terms that an appeal shall lie to this Court from any order or decision given under paragraph (b) of sub-section (1) of section 62, it is reasonable to suppose that just as the particular jurisdiction exercisable by the Chief Commissioner’s Court under this paragraph must be exercised in accordance with and subject to the provisions of Cap. 80, so any rights of appeal from any orders or decisions given by the Chief Commissioner’s Court in the exercise of such jurisdiction must likewise De in accordance with and subject to the provisions of Cap. 80.
As the last mentioned Ordinance makes no provision for an appeal to this Court in the case under consideration, in which the Chief Commissioner heard and determined under the provisions of Cap. 80 an appeal from a decision given by a Magistrate’s Court (as defined by section 2 of the said Ordinance), this Court has no jurisdiction to entertain the present appeal, which must be dismissed with costs assessed at £16 19s. 0d.
Appeal dismissed.