Division: IN THE COURT OF APPEAL
Date: 3RD FEBRUARY, 1959.
Before: VAN LARE AG. C.J., GRANVILLE SHARP J.A., AND OLLENNU J.
ARGUMENTS OF COUNSEL Anin for appellant (plaintiff).
Swanzy for 1st respondent (Chief Taibil). It is agreed between counsel for all parties that the ruling appealed from is not maintainable, that the appeal should be allowed and that the matter be remitted to the Court below to be dealt with according to law.
Danquah for 2nd respondent (Chief Tromu II).
JUDGMENT OF VAN LARE AG C.J.
Van Lare Ag. C.J. delivered the judgment of the Court
In this case the learned Judge on the 20th of November, 1957 observed that the case was one proper for an enquiry by the Stool Lands Boundary Commissioner under the Stool Lands Boundaries Settlement Ordinance, 1950. He therefore adjourned the proceedings for mention on the 13th February, 1958.
Upon the matter coming on that day, the learned Judge asked counsel for the plaintiff to show cause why the case should not be struck out or dismissed, in view of his ruling of the 20th November, 1957. We find it impossible to understand the reasoning in the learned Judge’s mind, inasmuch as he had no power even to stay
[p.60] of [1959] GLR 58
the proceedings at that stage under section 4, because no order had been made under section 3(2) of the Ordinance. Nevertheless, the learned Judge dismissed the action for no explainable reason, and without adjudication of any kind, and awarded what in our view were substantial costs against the plaintiff.
It suffices to say that this is manifestly wrong, and the appeal is therefore allowed. The ruling appealed from is set aside, including the order as to costs, and the case is remitted to the Court below to be dealt with according to law.
The appellant will have his costs in this Court fixed at £33 Os. 3d.
DECISION
Court below to carry out.
