Alhaji Ibrahimah Of Sekondi V. Mamma Gariba And Others (1954)

LawGlobal Hub Judgment Report – West African Court of Appeal

Suits relating to ownership of land held under native tenure—Respect to be paid
to decisions of Native Courts—Wider discretion of Land Court to interfere where Native Court of first instance and Native Court of Appeal differ.

Facts

A Native Court of Appeal reversed the decision of Native Court of first instance. On appeal to the Land Court the decision of the Native Appellate Court was upheld. On further appeal to the West African Court of Appeal that Court reversed the judgment of the Land Court and substantially restored the judgment of the Native Court of first instance.

Held

The Board agreed with the dictum of Lord Atkin in Abakah Nthah v. Acquah Bennieh (1) that decisions of a Native Tribunal on questions of ownership of land held under native tenure, being matters peculiarly within the knowledge of such tribunals, should not be disturbed without very clear proof that they are wrong. Where, however, there is a difference of opinion between two Native Courts a wider discretion lies with the Land Court especially bearing in mind the provisions of section 50 of the Native Courts (Colony) Ordinance, 1944 which provides that the Native Appeal Court may re-hear the case and admit further evidence.

Appeal allowed.