ADONKOSI & ANOR. V. HOWUSU & ANOR

OLLENNU J.: On the merits there is no substance in this appeal.

The only ground of appeal which was seriously argued in this second appeal was the additional ground filed on the 9th May, 1959, which reads:

“The judgment of the Native Court is a nullity as the appeal was not heard in accordance with law.”

In support of that ground, Counsel relied upon a judgment delivered by me on the 28th April, 1959, in Land Appeal No. 86/57, entitled Krakani v. Agbenoto and anor., in which I interpreted Regulation 129 of the Native Courts (Southern Section of Togoland) Procedure Regulations to mean “that each party must be given an opportunity if necessary to say anything he might wish to urge in support of or against the appeal,” and, further, that where on the face of the record of proceedings it appeared that judgment was given against a party to an appeal, whether appellant or respondent, non-compliance with the provisions of the said regulation would make the proceedings before the Native Appeal C…