The foJ1owing judgments were delivered :-
TEW, c.J. SIERRA LEONE.
This is an appeal from a decision of the Chief Justice discharging a rule nisi obtained on behalf of one Kpakpa Dogah for the issue of a writ of Habeas Corpus directed to the Awoame Fia Togbi Sri II, President of the Highest Native Tribunal of Awuna and to the keeper of the Prison of the said Tribunal.
It appears that the applicant had in 1921 successfully sued one Fiagbenu Kwasinye before the Native Tribunal of Fia ASfen II of Mafi to recover posses<-iOT' of a piece of land. Kwasinye appea led to the Highest Native Tribunal of Awuna which reversed the judgment of the firs'. Tribunal. The Provincial Commissioner dismissed an appeal from this" latter decision, but the Fun Court set aside his judgment on the ground that the Native Tribunal of Awuna had not at all time~ during the hearing been properly constituted. Kwasinye then applied to the Awuna Tribunal to rehear his appeal from the Mafi Tribunal, and eventually that Tribunal gave judgment in his favour with costs taxed at £79 18~. 6d. Kpakpa Dogah appealed to the Provincial Commissioner, but failed to comply with the conditions imposed and his appeal was ~truck out.
On the 11th of February, 1930, the Awuna Tribunal issued a writ of ca. sa. to enforce payment of the costs, and this writ was executed on the 21st of November, 1930, when Kpakpa Dogah was arrested and imprisoned for thref mOflths.
The question which the learned Chief Justice had to decide when cause wa~ shown by the President of the Awuna Tribunal and the Keeper of the Prison was whether the Tribunal had jurisdiction to issue the ca. sa. He decided that they had jurisdiction.
When the appeal from this decision came before this Court Counsel for the respondent, who is the execution creditor, raised two preliminary objections. First he argued that the appeal was not properly before the Court.
The appellant had obtained conditional leave to appeal from this Court (being out of time for obtaining leave from the Court below) on condition (inter alia) that he should give notice to all parties directly affected by the appeal. He subsequently came before a single judge of this Court and was granted an extension of time for fulfilling the conditions. The present respondent (Charles M. Fiagbenu) had previously been substituted for Fiagbenu Kwasinye in circumstances which are not apparent from the record. The appellant gave notice to Charles Fiagbenu and obtained final leave to ap
