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NYONATOR AND OTHERS v. WORGBA AND OTHERS

July 3, 1967

COURT OF APPEAL

CORAM

  • OLLENNU
  • AZU CRABBE
  • AMISSAH JJ.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

The Court of Appeal (per Ollennu J.A., delivering the judgment of the court) heard an appeal from a High Court, Ho order of certiorari that had quashed an Anlo Local Court1s committal of three plaintiffs to prison for non1payment of taxed costs. The underlying dispute involved a land claim at Afiadenyigba in the Keta District, valued around G2,500, originally tried in the Wego1Torgo Native Court 11B1 and later remitted for de novo hearing after the High Court set aside the native court judgment for irregular constitution. When the case reached the Anlo Local Court, the defendants successfully objected to jurisdiction because the land exceeded G200. Nevertheless, the local court dismissed the suit and ordered costs, then, upon default, imposed instalments and imprisonment in default. The Court of Appeal held the local court lacked jurisdiction and that the committal procedure was unlawful under regulation 145, and dismissed the appeal with costs.

JUDGEMENT