Abrokyi (substituted for Koni Deceased) V. Senni Panyinli (1932)

LawGlobal Hub Judgment Report – West African Court of Appeal

Declaration of litk–Claim to dignity—Section 34 of the Native Administration Ordinance.

Facts

In an action brought before a Native Tribunal the plaintiff, suing in a representative capacity as the Chief of Bonmapoley, claimed a declaration—

1. that his ancestors were co-owners with the defendant’s ancestors of all the Akomu lands, and
2. that his ancestral Stool at Bomuspoley ranks second to the ancestral Stool of the defendant.

Judgment was delivered in favour of the plaintiff with costs.

Held

On an appeal being taken to the Provincial Commissioner of the Western Province from this judgment, the judgment of the Native Tribunal was set aside

and a rehearing granted, on the :4that the procedure adopted by the Native

Tribunal was wrong in that twocauses of action were joined in one writ of

summons as follows :-

1. a claim to a declaration of title to land in respect of which there was a right of appeal, and
2. a claim to a title orin respect of which there was no right of appeal except to the

On appeal to the West African Court of Ap, the Court (Michelin, J. dissenting) set aside the judgment of the Provincial Commim- and restored the judgment of the Native Tribunal on the ground that the proceedings before that Tribunal had been instituted solely for the trial of a political dispute between two Stools and were therefore not appealable to any Court.