Odikro Osafo Agyeman & Ors V. Kwamf. Panin (1940)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for rent for tribute—Divisional Court had no jurisdiction and appeal allowed.

Held ; This was clearly a suit relating to the occupation of land within the jurisdiction of Adansi Native Court ” B . The Divisional Court should have referred the parties to that Court and stopped the further progress of the cause before it.

There is no need to set out the facts.

Dr. J. W. De Graft Johnson for Appellant. T. Hutton-Mills for Respondents.

The following joint judgment was delivered :—

KINGDON, C. J., NIGERIA, PETRIDES, C.J., GOLD COAST AND BANNERMAN, J.

The claim in this case was for rent and/or tribute in respect to cocoa farms. It was clearly a suit relating to the occupation of land within the jurisdiction of Adansi Native Court ” B ‘ and that Court had jurisdiction to try it (see sections 6 and 7 of the 1st Schedule to the Native Courts (Confederacy) Order, Laws III pages 395 /6). That being so the Divisional Court should have acted as directed under section 35 of the Native Courts (Ashanti) Ordinance (Cap. 80) namely stopped the further progress of the cause before it and referred the parties to the competent Native Court.

The appeal is accordingly allowed and all further proceedings before the Supreme Court or this Court are stayed, the judgment of the lower Court being set aside including the order as to costs. The parties are referred to the competent Native Court, namely Adansi Court B.

Since the Appellant raised the question of jurisdiction at the commencement of the hearing in the Court below, he is- awarded costs in this Court assessed at £43 9s. 5d. and costs in the Court below to be taxed.