judy.legal
Login Register
📄 PDF

COMMISSIONER OF INCOME TAX V. FERRIS GEORGE

JELR 84375 (WACA)

West Africa Court of Appeal  •   •  West Africa [For WACA cases]

Coram
COR. KINGDON, PETRIDES, C.JJ. AND FRANCIS, J.

Judgement
<p>KINGDON, C.J., NIGERIA. PETRIDES, C.,J.,GOLD COAST AND FRANCIS,J. We are of opinion that this appeal does not lie. The Rights of Appeal to this Court are only those conferred by law. It has no inherent rights to hear appeals from lower Courts. Section 3 of the West African Court of Appeal Ordinance (No. 47 of 1933) which is the section laying down what appeals lie in civil cases expressly provides that the rights of appeal given by the section only apply in respect of judgments, decisions and orders given in the exercise of the original jurisdiction of the Supreme Court. We are of opinion that the judgment of the Supreme Court, against which it is sought to appeal is not jurisdiction, since it was given upon an appeal to the Supreme Court from an assessment of the Commissioner of Income Tax.</p><p>The application is refused with costs assessed at five guineas.</p><p>The law has now been amended to cover this. (Ordinance No. 30/43).</p>

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login