John Member Briggs Of Abonnema V. Daniel Member Briggs On Behalf Of Himself & Anor (1946)
LawGlobal Hub Judgment Report – West African Court of Appeal
Claim for rent—Chieftaincy land—Issue as to title raised by defendant inrespect of part of claim only—Original jurisdiction of Supreme Court—SupremeCourt Ordinance, section 12 (proviso).
Facts
The plaintiff sued for moneys alleged to have been received by the defendant by way of rent of certain store buildings.
The defendant contended that one of the buildings was his property and that a portion of the site of the buildings was conferred on him when he was appointed chief.
The defendant contended that his defence raised an issue as to the title to an interest in land and that the jurisdiction of the Supreme Court was therefore ousted by virtue of the proviso to section 12 of the Supreme Court Ordinance.
The trial Judge held that the defendant was estopped from raising this issue because he had signed a lease of the premises as a member of the family without specifying his interest therein.
Held
(i) In so holding, the trial Judge purported to dispose of the very issue which, if the proviso to section 12 be applicable, he had no jurisdiction to entertain;
- the proviso to section 12 applied and therefore the Supreme Court had no original jurisdiction even though the issue raised by the appellant related to only part of the claim;
- in spite of the claim being for a debt or demand exceeding £50 (that being the monetary limit of the jurisdiction of the appropriate Native Court) this was immaterial.
Appeal allowed.
