ADABLA

JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, DELIVERED THE 15TH MAY, 1939

This appeal is brought from a judgment of the West African Court of Appeal (Gold Coast Session) allowing the appeal of the respondents from a judgment of the Provincial Commissioner's Court (Eastern Province) of the Gold Coast in favour of the plaintiff in the proceedings. That judgment had reversed a judgment of the High Native Tribunal of Ada given in favour of the respondents. The appellant has been substituted in the course of the proceedings for the original plaintiff who had died.

The litigation is between representatives of two tribes, viz. the Anyigbe tribe and the Fieve tribe, and relates to the ownership of land. The representatives of the Anyigbe tribe are the appellants before the Board; but their Lordships are not, on this appeal, in any way concerned with the merits of the dispute between the litigants.

The appeal relates to the questions whether in the circumstances of the case the judgment of the Provincial Commissioner's Court was pronounced without jurisdiction, and if so whether the Court of Appeal (in its discretion) could and should have heard and determined the appeal therefrom. Reported at 3 W.A.C.A. p. 125.

The answer to these questions depends primarily upon the true construction and effect of the Native Administration Ordinance (No. 18 of 1927) and the Native Administration Amendment Ordinance, 1935 (No. 18 of 1935).

The relevant sections of the first-named Ordinance are sections 75, 76 and 77, which provide :--

75. In any suit or matter relating to the ownership, possession, or occupation of any land an appeal shall lie from the decision of the Paramount Chief's Tribunal to the Provincial Commissioner's Court.

76. No Appeal shall lie under section 73, section 74, or section 75 unless the party appealing shall give notice of appeal within the proper periods hereinafter in this section prescribed, reckoning from the date of the decision appealed against, namely :-

(1) From a Divisional Chief's Tribunal to Ii Paramount Chief's Tribunal, within two months;

(2) From a Paramount Chief's Tribunal to the District Commissioner's Court, within four month!! ;

(3) From a Paramount Chief's Tribunal to the Provincial Commissioner's Court, within six months.

77. (1) A party desiring to appeal from a Paramount Chief's Tribunal shall first obtain the leave of such Tribunal so to do : provided that, if the said Tribunal shall have refus