Kofi Antu V. Ohene Kweku Buadu (1933)

LawGlobal Hub Judgment Report – West African Court of Appeal

Suit before a Native Tribunal—Motion before the Provincial Commissioner’s Court to transfer the Suit to another Native Tribunal under section 71 of the Native Administration Ordinance –Order made transferring the suit to the Divisional Court—Review of that Order and substitution therefor of an Order transferring the suit to another Native Tribunal—Power to move such an Order on review.

Facts

On the 7th October, 1929, the Provincial Commissioner of the Central Province made an Order under section 71 of the Native Administration Ordinance transferring a suit front a Native Tribunal to the Divisional Court. On the 11th of the same month the Commissioner of his own motion. gave notice of his intention to review his Order and on the 2nd of December. 1932, made another Order rescinding his first Order and transferring the suit to another Native Tribunal.

Held (inter alia)

On appeal that so long as the Divisional Court was not actually seised of the suit the Provincial Commissioner’s power of review under section 85 of the Native Administration Ordinance remained.