Appeal Court, 3rd April, 1939.
Motion for final leave to appeal
to Privy Council.
Personal Bund not binding
against tribe-Application for
amendment and re-execution of
Bond during trial. The
appellants were ordered to
execute a Bond binding against
the Klevie tribe, the
sufficiency of such Bond to be
determined by a Judge of the
West African Court of Appeal.
The Bond was executed by the
appellants personally, and
Barton J. adjourned the question
of the sufficiency of this Bond
for the consideration of the
Court.
Held: Bond executed in personal
capacity and not binding on
tribe. Permission to amend and
re-execute the Bond refused as
Respondent had had no
opportunity to consider the
effect or validity of alleged
authority given to appellants by
tribe.
Final leave to appeal refused.
Frans Dove
for the Appellants.
R. E. Phipps
for the Respondent.
The following joint judgment was
delivered :-
PETRIDES, (,j., GOLD COAST,
WEBB, (,J., SIERRA LEONE, AND
BUTLER LLOYD, AG. (,J., NIGERIA.
Application for final leave to
appeal is refused. On 29th
November, 1938, the named
appellants were given up to
::!8th February to execute a
Bond that would be binding as
against the Klevie Tribe, the
sufficiency of the Bond to be
determined by a Judge of this
Court.
On 27th February they executed a
Bond. The matter came before
Barton J. on the 15th March when
he, being of opinion that bond
had been executed by appellants
in their personal capacity,
adjourned the matter for
consideration of this Court. In
our opinion the new bond is
executed by Fugah and Akoglo in
their personal capacity. They do
not purport to sign as
representatives of the tribe.
Their Counsel suggests that the
Court should now allow them to
amend and re-execute the Bond
saying that they have at all
events written authority to
institute these proceedings.
In our opinion it would be
unreasonable to adopt this
course because the Respondent
had no opportunity of
considering the effect or
validity of the alleged
authority. The appellants were
represented by Counsel last
November and if they failed to
take his advice in the
preparation of the new Bond they
have only themselves to blame.
