TAWIAH AND OTHERS V. BRAKO AND OTHERS

JIAGGE J.A.: This appeal is from the ruling of the High Court, Koforidua, upholding a preliminary objection that the refusal of the district court to set aside a writ of fieri facias was an interlocutory decision and that failure to obtain leave to appeal was fatal and not a curable irregularity.

The respondents on an application under section 37 (3) of the Chieftaincy Act, 1961 (Act 81), obtained a writ of fieri facias against the appellants for the recovery of costs in the sum of N¢210.00 awarded by the Chieftaincy Committee in their favour. The Kwahu Traditional Council gave judgment against the respondents (who were defendants in a constitutional case before that court) on 27 July 1967 and found in favour of the appellants (who were plaintiffs). The respondents herein appealed against the decision and the Chieftaincy Committee allowed the appeal and ordered a new trial. The Chieftaincy Committee, presided over by Siriboe J. (as he then was) heard the case de novo and on 28 Septemb…