Kofi Anane V. Kwasi Brafo (1952)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

KOFI ANANE as Administrator of the Estate of the” late Kwaku Sampaney alias KWASI BRAFO and as Successor according to Native Customary Law of the Estate of the’ said KWAKU SAMPANEY alias KWASI BRAFO

KWASI BRAFO of House Nos. 190/197, N.T.E.R., Kumasi

Jurisdiction—Administrator suing also as successor—Defendant claiming to be successor—Native Courts (Ashanti} Ordinance (Cap. 80), section 35— Courts Ordinance (Cap. 4), sections 14 and 17.

Facts

Section 14 of the Courts Ordinance confers jurisdiction on the Supreme Court but section 17 provides that the Court shall not exercise it in a civil case subject to section 35 of the Native Courts (Ashdnti) Ordinance: under this section 35 suits relating to succession to property of a deceased native are within the jurisdiction of the Native Court.

The appellant (plaintiff below) after obtaining letters of administration sued the respondent (defendant below) claiming as administrator of and as successor by native customary law of the deceased recovery of certain articles from the defendant; the defendant disputed the claim; the Court stopped the case, in view of the said section 35 and Hagan v. Adum, 5 W.A.C.A., 35 (P.C.).

The plaintiff appealed arguing that as he had established his right to administration, he must be assumed to be the successor and no issue ofsuccession was left for the Native Court; that the only matter left was his right as administrator to call in from defendant the personal property of the deceased for distribution; and that the Supreme Court has concurrent jurisdiction by virtue of section 14 of the Courts Ordinance.

Held

(1) The fact that plaintiff obtained letters of administration did not prove that he was the successor of the deceased or preclude another person from establishing in other proceedings that he was the successor by customary law.

(2) By claiming not only as administrator but also as successor of the deceased by customary law, the plaintiff undertook to prove as a condition to succeeding on his claim, that he was the successor; this dispute as to succession being within the jurisdiction of the Native Court, the Supreme Court, though having jurisdiction, should not exercise it in view of section 17 of the Courts Ordinance.

Appeal dismissed.