OHENE MOORE V. AKESSEH TAYEE

POLICY AND PRACTICE LAW REPORTS, 2PLR

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OHENE MOORE

V.

ARESSEĦ TAYEE

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

THE 26TH DAY OF OCTOBER, 1934

PRIVY COUNCIL APPEAL No. 49 of 1933

2PLR/1934/23 (P.C.)

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OTHER CITATION(S)

LEX (1933) II WACA

2PLR/1934/23 (P.C.)

(1933) P.C. 49

(1933) II WACA PP. 43 – 45

LEX (1933) – P.C. 49

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BEFORE THEIR LORDSHIPS:

Lord ATLIK

LORD ALNESS

SIR SIDNEY ROWLATT

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BETWEEN:

OHENE MOORE – Appellant

AND

ARESSEĦ TAYEE – Respondent

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ORIGINATING COURT(S)

THE WEST AFRICAN COURT OF APPEAL, GOLD COAST SESSION

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

REAL ESTATE AND PROPERTY LAW – LAND:- Action for damages for trespass to land – Appeal arising therefrom – Conditions precedent to activating jurisdiction thereof – Effect of failure thereto

TORT AND PERSONAL INJURY LAW:- Claim for damages for trespass to land and for damages for unlawfully arresting the plaintiff’s man – How treated

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PRACTICE AND PROCEDURE ISSUE(S)

APPEAL:- Statutory conditions precedent to activate the jurisdiction of an appellate court – Duty of appellant thereto – Failure thereof – Legal effect

COURT:- Powers which are given to an Appellate Court to adopt certain procedure, to waive rules, and to try and do substantial justice – When can be brought into play – Whether does not apply once the Appellate Court is not shown to be seised of the appeal and has jurisdiction to entertain it.

JUDGMENT AND ORDER – SUBSTANTIAL JUSTICE:- Attitude and duty of court thereof – Trite law that courts are bound by the statute law – Technical rule going to the jurisdiction of court – Failure thereto – Proper order for court to make

JURISDICTION:- Essence and fundamental nature – Statutory precondition(s)for the activation of a court’s jurisdiction – Failure thereto – Legal effect – Whether curable by the invocation of the doctrine of substantial justice

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DECISION OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

1.     The Provincial Commissioner had no jurisdiction to make any order at all, because no appeal was properly before him. All appeals in this country and elsewhere exist merely by statute and unless the statutory conditions are fulfilled no jurisdiction is given to any Court of Justice to entertain them.

2.     Powers which are given to an Appellate Court to adopt certain procedure, to waive rules, and to try and do substantial justice are all very important powers, but they can only be brought into play once the Appellate Court is seised of the appeal and has jurisdiction to entertain it.

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