Ya Amene V. Kofi Amanor (1931)

LawGlobal Hub Judgment Report – West African Court of Appeal

Administration of Estates of deceased natives—Native Administration Ordinance, sections 43 and 44—Application to the Court for Letters of Administration—Jurisdichon of Court.

Facts

Sections 43 and 44 of the Native Administration Ordinance confer on Native Tribunals exclusive original jurisdiction in ” suits and matters relating to the succession to the property of any deceased native ” who had at the time of his death a fixed place of abode within the State or Division.

Held

On a case stated by a Divisional Court it was held that—

1. The effect of the above sections is not to deprive the Court of jurisdiction to grant letters of administration to the estate of a deceased native.
2. It is not necessary that an applicant for letters of administration should have first established his right to succeed in a Native Tribunal.
3. When the application for letters Of administration develops into a dispute as to the right of succession, the cause or matter does not thereby become one properly cognizable by a Native Tribunal so as to oust the jurisdiction of the Supreme Court, and make it necessary to refer the parties to a Native Tribunal.

I will only add that such has been my practice in the past.