Kwaku Abude & Ors V. Nii Ad Jei Onano V—la Mantse & Ors (1946)

LawGlobal Hub Judgment Report – West African Court of Appeal

Native Customary Law of Ga State (Gold Coast)—Native Courts (Colony)
Ordinance—Native Authority (Colony) Ordinance—Gold Coast Courts
Ordinance, section 74.

Facts

The appellants, as plaintiffs, sued the respondents, as defendants, for money deposited by the latter in the Post Office Savings Bank, alleging that the defendants were using the money for their private purposes. The appellants sued as members and representatives of a section of the local administration of Labadi in Ga State.

The Ga State Council resolved to establish a State Treasury and by Order No. 6 of 1945 the Ga Mantse and the Ga State Council were duly constituted the native authority for the whole Ga State including Labadi.

Held

(i) It is an accepted principle of Native Customary Law that neither a chief nor the head of a family can be sued for account either of State or family funds;
the Native Law which provided that, whenever a member of the Council is of the opinion that either the Chief and/or some of his elders have misappropriated state funds, the proper course is to bring the matter before the local Council or the Ga State Council which alone has jurisdiction to inquire into such matters, is reasonable and not contrary to natural justice or good conscience.

Appeal dismissed.