WOYOME AND OTHERS vs. AGBOMASU AND OTHERS.

Native Courts-Practice-Res judicata-Whether a decision on a plea of res judicata a final or an interlocutory order-Native Courts (Southern Ghana) Procedure Regulations, 1945, regs. 17 and 18. Native Courts-Practice-A ppeals-Decision b.y Magistrate's Court on appeal from Native Court-Order given without jurisdiction-Effect of adoption of such order by Native Court without an inquiry on merits of the case. The defendants in an action concerning land before a Native Court filed a motion asking for the complaint against them to be dismissed on the ground that it was res judicata. 'the plaintiffs filed a motion asking for an interim injunction. The Native Court granted the interim injunc¬tion but dismissed the motion for res judicata. The defendant thereupon appealed to the Magistrate's Court, as against an interlocutory order. The Magistrate's Court reversed the finding of the Native Court and ordered the proceedings to stop on the grounds that the claim was res judicata. The Native Cou....