Akosua Adei V. S. C. Mensah & Ors (1943)
LawGlobal Hub Judgment Report – West African Court of Appeal
Native Tribunal—Territorial jurisdiction of Divisional Chief’ Tribunal—Native Administration (Colony) Ordinance (Cap. 76) (Gold Coast), section 49 (1).
Facts
The respondent caused to issue in the Tribunal of a Divisional Chief, the Ayokohene of Koforidua, New Juaben, an interpleader summons calling on the appellant to show cause why certain land had been advertised for sale by a decree of the Tribunal made at the instance of the appellant in execution of a judgment debt due her, the land being family property. The land was situated at Oyoko, and the debt had been contracted there. The Ayokohene’s Tribunal gave judgment in favour of the appellant and the respondent appealed to a higher Tribunal which dismissed the appeal on the merits. The respondent then appealed to the Provincial Commissioner’s Court, where for the first time he set up the case that the original suit was not within the territorial jurisdiction of the Ayokohene’s Tribunal, but within that of the Ohene of Oyoko. Both these Tribunals were in the Oyase Division.
On this ground the Provincial Commissioner’s Court allowed the appeal.
Held
that the Ayokohene’s Tribunal had jurisdiction throughout the Oyase Division by virtue of the words ” within the Division ” in section 49 (1) of the Native Administration (Colony) Ordinance.
The costs of future proceedings in the Provincial Commissioner’s Court will be in the discretion of that Court at the further bearing of the appeal,
