GH - MANCHE ANEGE AKUE v. MANCHE KOJO ABABIO IV

[Delivered by Viscount Haldane.]

This is an appeal brought by special leave from an order of the Full Court of the Gold Coast Colony. The leave granted extends only to appeal from certain preliminary objections to the hearing of the appeal, on the allowance of which-objections the order complained of was based. In the Court of First Instance Smyly, C.J., had decided in favour of the respondent. The question before him was whether the respondent or the appellant was entitled to certain compensation payable by the Government of the Gold Coast Colony for lands-taken compulsorily for waterworks purposes under the Public Lands Ordinance, 1876, of the Colony. On appeal the Full Court refused to enter on the merits, holding that the appeal failed by reason of the appellant not having complied with conditions which under the law of the Colony must be complied with by an appellant before he could become entitled to have his appeal heard.

The amount of compensation for the land taken was agreed with the Colonial Secretary of the Colony as a certain sum. The question which emerged being who was entitled to this sum came before Smyly, C.J., for decision. He tried the question as between the appellant and the respondent, subject to the possible establishment of claims by other persons with minor titles, who, along with the Colonial Secretary, did net intervene at the hearing. The decision was given on the 24th July, rgI8. The appellant, as was required by the Procedure Rules, applied ex parte for leave to appeal. The application stood over till the I3th December, I9r8, when the appellant was given conditional leave to appeal on terms of paying money into Court and of giving notice to all parties affected by the appeal. The appellant duly paid the money into Court and, on the 7 th January, IgIg, gave notice of appeal to the respondent and not to anyone else. On the 31st January, 1919, he was given final leave to appeal.

The appeal came on on the 3rd March, 1921, before Smyly, C.J., and Porter and Wi kinson, J.J., when the respondent took the following preliminary objections: (I) that the appellant had not complied with Secticn 6(8) of the Public Lands Ordinance, I876, the only notice of appeal given to the respondent not being such as was required by the section; (2) that notice had not (as required by the Order of the I3th December, Igr8) been given to the parties other than the respondent affected by the appeal.

The Full Court reserved judgment, and on the 7th M

[Delivered by Viscount Haldane.]

The Full Court reserved judgment, and on the 7th M

MANCHE ANEGE AKUE v. MANCHE KOJO ABABIO IV

Areas of Law

JUDGMENT