Ekeleme On Behalf Of Ndabo-elitama V. Ugwuiro & Ors (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Resident sitting in appellate capacity under section 36 (1) (b) of Native Courts Ordinance—Claim relating to declaration of title to land—Order made for re-hearing in Magistrate’s Court.

Held: Magistrate’s Court has jurisdiction to re-hear the case.

.4. Alakija for plaintiff-respondent.

L. N. Mbanefo for defendants-appellants. The following joint opinion was given :—

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND GRAHAM PAUL, C.T., SIERRA LEONE.

Three questions are put to this Cburt in this ease but only one of them, the first, really arose in the ease before the Court below and it is therefore only this question wbicli is properly before thi,T. Court and it is only it which we shall answer. It is :—

” Where a Resident makes an Order under section 36 (1) (b) of thi ” Native Courts Ordinance that a suit in which a declaration of title ” to land is claimed be re-heard before a Magistrate’s Court, has that ” Court jurisdiction to hear the suit, in view of the judgment in th÷ ” case of Ababio v. Ackumpong (6 W.A.C.A. p. 173).

A question, substantially the same as this, has already beer considered and answered by this Court in the case of Horsfall r .4 7Ilachree (4 W..A.C.A. 18). In that case the question was answered in the affirmative and the decision of this Court on that point is, in our opinion, in no way affected by the decision of this Court in Ababio v. Ackumpong (6 W.A.C.A. p. 173).

We accordingly again answer the question in the affirmative