ADABLA V. GBEVLO AGAMAH AND OTHERS

WEBBER, C.J., Sierra Leone, delivered the principal judgment in a procedural appeal arising from native tribunal proceedings. The High Native Tribunal of Ada had non-suited the plaintiff and ordered that each party bear his own costs. The plaintiff then appealed directly to the Supreme Court, Eastern Province, without first seeking leave from the Paramount Chief’s Tribunal as mandated by section 77(1) of the Native Administration Ordinance (Cap. 111). Counsel for the plaintiff-respondent asked the West African Court of Appeal to rely on a 1935 proviso, using the words “this section,” to exercise discretion and save the appeal. The Court held the proviso was added to subsection (2) only, and even if it could apply to subsection (1), it would not exercise discretion because the required leave is an essential, discretionary step. The Supreme Court proceedings were declared a nullity, and the High Native Tribunal’s judgment was restored. KINGDON, C.J., concurred; PETRIDES, C.J., concurred in the result but differed on the interpretive point.