The following joint judgment was delivered :-
KINGDON, C.]., NIGERIA, PETRIDES, C.]., GOLD COAST, AND WEBBER, C.J., SIERRA LEONE.
In this case the plaintiff-respondent-appellant, Egyir Ababio, for and on behalf of Deshina family of Ayan Denkera, took out the following writ in the native Tribunal of Ayan Denkera State against Kwodwo Tsiah of Awiam and Kwa Amissah of Kodwo Appu:-
The plaintiff's claim is for an ejectment of the defendants from all that piece or parcel of land known as and called Awiam and Kod\7o Appu, situate at Awiam and Kodwo Appu in Ayan Denkera State in Saltpond District Central Province and bounded on all four sides by land belonging to the Plaintiff's family known as Deshina and plaintiff further claims an injunction to restrain the defendants, their relatives, workmen, agents and servants from dealing with the land in dispute in any way pending judgment."
The case was transferred to the State Council of Ayan Denkera under section 91 of the Native Administration Ordinance (Cap. 111). On the case coming before the State Council, Kobina Nyinka was joined as a third co-defendant. After hearing the case the State Tribunal gave judgment for the plaintiff on the 15th November, 1932, in the following terms :
We give judgment in favour of the plaintiff and order that the defendants be ejected by the plaintiff from Kojo Appu and Awiam lands, the subjectmatter of this suit. We further order that the taxed costs of the plaintiff both in the Native Tribunal of Ayan Denkera and in this council be paid by the defendants jointly and severally through this council to the plaintiff. The Ababio order of injunction issued herein on the 13th day of September, 1932, is hereby discharged. We further order that the one-third tribute received by the Receiver under the injunction dated the 13th day of September, 1932, after deducting the Receiver's remuneration from the same, should be paid to the plaintiff." Kobina Nyinka, on behalf of himself and Kwa Amissah, applied ex parte to the State Council for leave to appeal against this judgment, but leave was refused under section 77 (2) of Chapter 111 on the 7th February, 1933.
On the 14th February, Mr. Korsah, solicitor for defendants appellants, filed an ex parte motion in the Provincial Commissioner's Court, Cape Coast, praying, on behalf of Kobina Nyinka and Kwa Amissah, for conditional leave to appeal against the judgment of the State Council. The motion paper was signed by Mr. Korsah himself and
