Practice-Application for leave
to appeal to Privy
CouncilAmount of judgment debt
below appealable limit costs.
Where an appeal does not lie for
matters in dispute below a
certain value, the osts awarded
cannot be reckon,)d as part of
the amount of the judgment.
E. S. Beoku-Betts
for the Defendant-Appellant.
H. J. L. Boston for the
Plaintiffs-Respondents.
The following judgment was
delivered :-
YOUNG, ACTING CHIEF JUSTICE OF
SIERRA LEONE.
This is an application for
conditional leave to appeal
under Rule 3 (a) and
(b) of the West African
(Appeal to Privy Council) Order
in Council, 1930, from a
judgment of the West African
Court of Appeal to the Privy
Council. In the Court of Appeal
judgment was entered for the
Plaintiffs-Respondents for £491
5s. 6d. which included interest.
It is now contended by Counsel
for the Appellant that the costs
should be included for the
purpose of bringing the
appealable amount over £500. It
has been laid down in many cases
that where an appeal does not
lie for matters below a·certain
value the costs of the suit
cannot be taken in as forming
part of the amount in
controversy, ct. Doorga
Chowdry v. Ramanauth Chowdry
8 Moo. 3rd app. 262,
and Great Western Ry. of Canada
v. Braid, 1 Moo. P.C. (N.S.)
101.
This application is on all fours
with the above quoted cases, and
the learned Counsel for the
Appellant had no argument to
offer against them.
I have no hesitation in coming
to the conclusion, without
calling on counsel for the
Respondents, that this
application must be dismissed
with cost.
