BRUCE V. ATTORNEY-GENERAL

ADUMUA-BOSSMAN J.

This appeal is against a decision given on 18 January 1956 by Smith Ag. J. (as he then was) whereby he gave judgment for the defendant-respondent (hereafter referred to as the defendant) against the plaintiff-appellant (hereafter referred to as the plaintiff) upon the latter’s claim, as follows:

“That the Deportation Order No. 29 of 1944 dated 25 September 1944 made by Order in Council and purported to have been made under sections 3 and 7 (2) of the Aliens Ordinance, Cap. 43 of 1936 edition of the Laws of the Gold Coast is null and void and the said deportation order be revoked, on the grounds:

(a) that the powers conferred under these sections of the Aliens Ordinance apply only to aliens, but the said Emmanuel Bruce, plaintiff herein, is a native of the Gold Coast, and is not an alien, and the powers aforementioned had been exercised ultra vires;

(b) that the legislature was wrong in giving its approval to the said deportation order.”

The short statement of claim fil…