Court name
Court of Appeal
Case number
WACA CIV APP 5 of 1951

Metzger v Regem (WACA CIV APP 5 of 1951) [1950] SLCA 10 (09 January 1950);

Law report citations
1950-1956 ALR SL 87
Media neutral citation
[1950] SLCA 10
Case summary:

Civil Procedure—appeals—appeals to Privy Council—West African (Appeal to Privy Council) Order in Council, 1949 only regulates civil appeals

Coram
Smith, CJ

 

METZGER v. REGEM

West African Court of Appeal (Smith, C.J. (Sierra Leone)):

January 9th, 1951
(W.A.C.A. Or. App. No. 5/51)

25

  1. Civil Procedure—appeals—appeals to Privy Council—West African (Appeal to Privy Council) Order in Council, 1949 only regulates civil appeals: The West African (Appeal to Privy Council) Order in Coun­cil, 1949 only regulates civil appeals, and therefore leave to appeal to the Privy Council in criminal cases can only be granted by the Judicial Committee itself and not by the West African Court of 30 Appeal (page 88, lines 4-9).
  2. Courts—Judicial Committee of Privy Council—leave to appeal—only Judicial Committee can grant leave in criminal cases: See [1] above.
  3. Courts—West African Court of Appeal—appeals—leave to appeal to Privy Council—West African Court of Appeal cannot grant leave in 35 criminal cases: See [1] above.
  4. Criminal Procedure—appeals—appeals to Privy Council—leave to appeal—leave can only be granted by Privy Council: See [1] above.

The applicant applied for leave to appeal to the Privy Council 40 against the decision in the criminal proceedings against him.

 

THE AFRICAN LAW REPORTS

Wilson for the applicant; Benka-Coker for the Crown.

SMITH, C.J. (Sierra Leone):

This is a criminal matter. The West African (Appeal to Privy Council) Order in Council, 1949, which repealed the Order in Council of 1930, only regulates civil appeals.

Leave to appeal in criminal cases can only be granted by the Judicial Committee itself. This court has no jurisdiction to grant leave.

Application refused.