CORAM
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
THE QUEEN
APPELLANTS
THE GOVERNOR, EASTERN REGION, AND ANOR
RESPONDENTS
AREA(S) OF LAW
CIVIL LAW—JURISDICTION—ORDER CERTIORARI—APPEAL
SUMMARY OF FACTS
Mr Floyer, as a Senior District Officer, could sit as a Court under the Native Courts Ordinance and hear certain appeals from Native Court decisions, but he could not hear an appeal from a Native Court which had sat with a District Officer as its president. That was what he did his decision was invalid; the appeal from it to the Governor was dismissed, but that, of course, did not make it valid.
HELD
The appeal is allowed.
ISSUES
Not Available
RATIONES DECIDENDI
WHEN A COURT LACKS JURISDICTION
“Where an inferior Court has not jurisdiction from the beginning, a party by taking a step in a cause before it does not waive his right to object to the want of jurisdiction. But jurisdiction is sometimes contingent; in such case, if the defendant does not, by objecting at the proper time, his right of destroying the jurisdiction, he cannot do so afterwards.” Per BAIRAMIAN F.J.
THE ORDER OF CERTIORARI CAN ONLY BE MADE BY A COURT OF COMPETENT JURISDICTION
“It is well established that the provision taking away the certiorari does not apply where there was an absence of jurisdiction. The consequence of holding otherwise would be that a metropolitan magistrate could make any order he pleased without question.” Per BAIRAMIAN F.J.
CASES CITED
1. In re Daws, (1838), 8 Ad. & El. 936; 112 E.R
2. Moore v. Gamgee (1890), 25 Q.B.D. 244
3. Broad v. Perkins. 21 Q.B.D., 533
4. Reg. v. His Honour Judge Sir Donal Hurst, (1960) 2 All E.R. 385
5. Ex. p. Bradlaugh, (1878) 3 Q.B.D. 509
6. Queen v. the Resident, Ogoja Province, ex parte lhpah Onah of Igogabe, (1957), 2 F.S.C., 30
STATUTES REFERRED TO
NotAvailable