Bankole-Bright v Felix & Another (3 of 1930) [1930] SLCA 2 (30 October 1930)

5 10 15 THE AFRICAN LAW REPORTS BANKOLE-BRIGHT v. FELIX and FELIX West African Court of Appeal (Young, Ag. C.J. (Sierra Leone)): October 30th, 1930 [ 1] Civil Procedure - appeals- right of appeal -financial limit for appeal to Privy Council as of right - costs of suit cannot be added to amount in dispute to bring it within financial limit of appeal as of right: Under the West African (Appeal to Privy Council) Order in Council, 1930, art.3(a), an appeal to the Privy Council does not lie as of right unless the value of the matter in dispute is £500 or upwards, and the costs of a suit cannot be added to the amount in dispute in order to bring it above this figure so as to allow the appellant to appeal as of right (page 193, lines 13-16). [ 2] Civil Procedure - costs - costs of suit cannot be added to amount in dispute to bring it within financial limit of appeal as of right: See [1] above. [ 3] Courts - Judicial Committee of Privy Council - right of appeal - financial limit for appeal to Privy Council as of right - costs of suit cannot be added to amount in dispute to bring it within financial limit of appeal as of right: See [1] above. 20 In an action by the appellant against the respondents, the West African Court of Appeal gave judgment for the respondents in the sum of £491.5s.6d. The appellant then applied for leave to appeal to the Privy Council under art.3(a) of the West African (Appeal to Privy 25 Council) Order in Council, 1930, contending that the costs of the action should be added to the judgment debt in order to bring the appealable amount over £500, thus allowing him to appeal as of right. 30 35 40 The application was dismissed. Cases referred to: (1) Chowdry v. Chowdry (1860), 8 Moo. Ind. App. 262; 19 E.R. 530, followed. (1) Great W. Ry. of Canada v. Braid (1863), 1 Moo. P.C.C. N.S.101; 8 L.T. 31, followed. Legislation construed: West African (Appeal to Privy Council) Order in Council, 1930 (No. 1 of 1930), art. 3: "Subject to the provisions of this Order, an Appeal shall lie- (a) As of right, from any final judgment of the Court, where the matter in 192 BANKOLE-BRIGHT v. FELIX, 192Q-36 ALR S.L.192 W.A.C.A. dispute on the Appeal amounts to or is of the value of £500 sterling or d " upwar s .... Beoku-Betts for the appellant; Boston for the respondents. YOUNG, Ag. C.J.: 5 This is an application for conditional leave to appeal under art.3(a) 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 10 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 15 of the amount in controversy: see Chowdry v. Chowdry (1) and Great W. Ry. of Canada v. Braid (2). 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. 20 I have no hesitation in coming to the conclusion, without calling on counsel for the respondents, that this application must be dismissed with costs. Application dismissed. 193 25 30 35 40