Duke Kwesi Kuntu Of Anomabu V. Adontenhene Kweku Afilfa VII Of Andoe (1946)
LawGlobal Hub Judgment Report – West African Court of Appeal
Trespass–Boundary Dispute—Courts Ordinance, section 20B—NativeAdministration (Colony) Ordinance, section 48 (1)—Jurisdiction–NativeCustom.
Facts
The trial of a claim for trespass over a boundary was conducted by a Judge sitting alone and without an assessor.
Held
That, as what the trial Judge held to have been a lawful oath in assertion
of title imported into the case a question of native customary law, the proceed-
ings at the trial were null and void by virtue of the Courts Ordinance section 20B. Appeal from the Cape Coast Land Court.
Appeal allowed and new trial ordered.
