PETER NUMO v. AKWESI KOFI

This case involves a conflict between the West African Court of Appeal Ordinance and the Rules made under the West African Court of Appeal Order-in-Council, 1948. The judge initially granted special leave to appeal under Section 3(3) of the Ordinance. However, it was later pointed out that Rule 13(1) of the Rules only allows such leave to be given by the West African Court of Appeal. The judge reviewed the decision, considering Clause 17(2) of the Order-in-Council, which states that approved Rules have effect as if contained in the Order. The judge concluded that legislation by His Majesty on reserved matters takes precedence over Colonial Legislature, and therefore the Rules prevail over the Ordinance. Consequently, the judge set aside the previously granted special leave to appeal and the associated conditions.