Kwamin Badu V. Kofi Donkoh (1955)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Native Courts—Appeals in matters relating to land. Jurisdiction—Appeals from Native Courts—Land matter.

Facts

The plaintiffs (above appellants) as heads of three houses of a Family, out of the four) sued the defendant claiming delivery up of Stool properties comprising certain specified lands and their plans and the Family Stool and its paraphernalia, and averring that he had been removed from the headship of the Family. The defendant’s line of defence was that the Stool had been founded by someone of his house, which had broken away from the other three houses and which owned the lands and the Stool.

The Judge of the Land Court, to which appeal was made, declined jurisdiction, and the question before the Court of Appeal was whether or not this was a suit relating to land; if not, the appeal lay to the Magistrate’s Court.

Held

The real matter in controversy was the ownership of the lands; the removal of the defendant was an ancillary matter averred to show the plaintiffs’ right to claim possession of the land and other property; and the allegation of a joint family was incidental to thejus tertii set up by the defendant.

Appeal by plaintiffs from the Land Court sitting on appeal from the Native
Court on point ofjurisdiction: No. 7 of 1954.

Appeal allowed; case remitted to the Land Court.