Chief Frank Obu Young Briggs Of Abenema Kalabari For Himself And As Representing The Briggs Family Or House V. Obene Berembo & Ors (1451)

LawGlobal Hub Judgment Report – West African Court of Appeal

Powers of transfer by a District Officer under section 28 (1) (c) of the Native
Cowls Ordinance, Cap. 142—Limitation on powers of transfer imposed by
proviso to sub-section (1) of section 28 of said Ordinance—Construction of
proviso.

Facts

A suit was instituted in a- Native Court and there heard and determined. On appeal to the Magistrate’s Court the Magistrate set aside the judgment and, under section 41 (b) of Cap. 142, ordered that the case be re-heard before a Native Court. The District Officer, under section 28 (1) (c) of the Native Courts Ordinance, then transferred the suit for hearing in the Supreme Court, which heard and determined the suit.

Counsel for the respondent argued that the District Officer has unfettered power to transfer to the Supreme Court any cause or matter before a Native Court, subject only to one limitation contained in the proviso to section 28 (1) (c) of the Native Courts Ordinance, and that that limitation imposed no restriction in the circumstances of this case.

Held

The proviso to section 28 (1) (c) should be considered in conjunction with section 40 (1) of the Ordinance, which confers wide powers over Native Courts not only upon a Magistrate’s Court exercising appellate jurisdiction, but also upon the Supreme Court, the Governor and others.

The Court did not feel it was the intention of the Legislature, as expressed in section 40, that a District Officer could set aside the order of a Court exercising appellate jurisdiction or the order of the Governor. The District Officer had no power to make an order transferring to the Supreme Court a case which had been ordered by the Magistrate’s Court to be tried by a Native Court. The Supreme Court had no jurisdiction to entertain the suit. Judgment was set aside.

Appeal allowed.