Mama Gariba & Ors V. Alhaji Ibrahimah Of Sekondi (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Judgment of Native Trial Court inconclusive, but correct in findings of fact—Reversed by Native Appellate Court and Land Court—Restoration of judgment of Trial Court impracticable—Action remitted to Land Court on basis that findings of fact by Trial Court were correct—Apportionment of costs.

Facts

The facts in this case are involved and fully set out in the judgment. The case is of legal interest as to the proper course to be adopted where the judgment of the original trial Court is correct as to its findings of fact, but inconclusive. The Court also considered the apportionment of costs as between the parties, bearing in mind that appellant was only partially successful.

Held

It was impossible to restore or vary judgment of trial Court because of its inconclusiveness. The case was remitted to Land Court to hear additional evidence and make further orders on the basis that findings of fact of trial Court were correct. As the appellant was only partially successful the Court ordered each party should bear his own costs of all proceedings prior to this appeal. The appellant was awarded half his costs of this appeal.

Appeal allowed in part. Case remitted to Land Court.