J. A. Annoh V. Sakyi Djan & Anor (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land—declaration of title—damages for trespass—family property—statutes of general application—judgment of Native Tribunal restored.

Facts

The second respondent bought the premises from A. P. Plange and paid a deposit. Thereupon the Plange family intervened claiming the property to be family property. In consequence A. P. Plange failed to convey the property to the second respondent who sued for the return of his deposit ; he succeeded and proceeded to execution by a writ of Fi. Fa. on the premises.

At the subsequent auction on 7th July, 1941, the first respondent bought the premises, but before this, in 1940, the appellant had purchased the same from the Plange family. Thus the proper issue in the Court below was the competition between the two sales.

Held

The second respondent not being a party to the appeal proceedings in the Court below when re-trial was ordered, should not have been a party to such re-trial.

Held Further, that a Native Tribunal has no power to attach property, and consequently the supposed attachment in May 1940 had no legal efficacy to create priority to the purchase by the appellant in the same year.

Held Fuilker, that the Statute 13 Elizabeth Cap. 5 is a Statute of general application applicable to the Gold Coast by section 70 of the Courts Ordinance, and consequently the absence of proof of fraud on the part of the appellant supports the latter’s claim to declaration of title.

Appellant’s appeal against first respondent allowed ; judgment of Native Tribunal restored as regards appellant and first respondent, but set aside as regards second respondent.