Yawah V. J. E. Maslieno (1930)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land—Native Custom—Position of Caretaker.

Facts

In a suit before a Native Tribunal the respondent had, as against the appellant, established her claim to certain property. The Tribunal had, however, in its judgment directed that the appellant should continue as caretaker of the land. The appellant appealed to the Provincial Commissioner, and, meeting with no success there, he again appealed to the West African Court of Appeal. Pending this latter appeal he made a successful application for the appointment of a receiver to receive the rents of the property.

Held

His second appeal failed and the Provincial Commissioner then ordered the rents collected by the receiver to be paid to respondent. The appellant appealed against this order, on the ground that as caretaker he was the proper person to whom the rents should be handed over by the receiver.

The Court of Appeal dismissed his appeal, holding that, in the circumstances of the case, native custom did not support his claim, and that he was merely entitled to reasonable remuneration from the respondent.

I agree therefore that the order of the provincial Commissioner appealed from must be upheld and the appeal dismissed with costs.