Lord Atkin:-

This is an appeal from the judgment of the West African Court of appeal, Gold Coast Session, reversing a judgment of the Provincial Commissioner of the Western Province who had reversed a judgment of the Native Tribunal of the Omanhene of Beyin, and the question in the case is whether or not the Provincial Commissioner had jurisdiction to entertain at all the appeal from the Native Tribunal. The action was brought by the plaintiff for damages for trespass on his land and for unlawfully arresting the plaintiff's men. The Native Tribunal had given judgment for the defendant. Now the rules regulating appeals from the Paramount Chief's Tribunal (which this was) are laid down by the Native Administration Ordinance, which is now Ch 3 of the laws of the Gold Coast Colony, 1928. By S.77, sub-S.(1)

"A party desiring to appeal from a Paramount Chief's Tribunal shall first obtain the leave of such Tribunal to do so; provided that, if the said Tribunal shall have refused such leave, the Provincial Commissioner's Court or the District Commissioner's Court may nevertheless grant leave to appeal."

Then by sub-S. (2) it is provided:

"Leave to appeal from the Paramount Chief's Tribunal sha