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RULING
Ruling:
On the 9th March, I gave special leave to appeal from a decision made by me on the 11th January last. I did so under the provisions of Section 3 (3) of the West African Court of Appeal Ordinance.
After doing so the Registrar of the Land Court invited my attention to Rule 13 (1) of the Rules made under the West African Court of Appeal Orderin-Council, 1948, whereof such special leave in such interlocutory matters may only be given by the West African Court of Appeal.
There is a conflict between the Ordinance and these Rules, but by reference to the terms of Clause 17 (2) of the West African Court of Appeal Order-inCouncil, 1948 Rules when approved as prescribed in that Order "shall have effect as if contained in this order".
When His Majesty legislates upon matters reserved to him that legislature has paramountcy of title above the legislation of the Colonial Legislature and as the rules are to be construed as a part of the Order-in-Council, they prevail over the terms of Section 3 (3) of the West African Court of Appeal Ordinance.
It is for this reason I did review my decision and invited Mr. Bossman, Counsel for the appellant to argue against that view should he so desire. He expressed the wish that I should review without hearing any further argument from him.
I do accordingly set aside the special leave which I granted to the appellant on the 8th March and do set aside the conditions of appeal which I did then order.