Mark Cud Joe Ankrah V. Chochoe & Ors (1949)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for recovery of possession and an account of mesne profits brought inDivisional Court—Gold Coast Courts Ordinance, section 20A (as amended)—Establishment of Land Court—Jurisdiction of Divisional and Land Courts—West African Court of Appeal Rules, 1950, rule 36.

Facts

A claim for recovery of possession of land and for an .account of mesne profits is a cause or matter relating to the ownership, possession, or occupation of land within the meaning of section 20A of the Gold Coast Courts Ordinance (as amended) and therefore falls within the exclusive jurisdiction of the Land Court. A Divisional Court has, consequently, no jurisdiction to try such a claim.

Although only one of the defendants had appealed the setting aside of the judgment of the Court below must apply to all parties to the suit, including those who had not appealed, by virtue of rule 32 of the West African Court of Appeal Rules, 1937.*

Held

Per curiam: Although the Court of Appeal is bound to entertain an objection on the ground of jurisdiction even though it be raised before that Court for the first time in the course of the proceedings, it is most desirable that such an objection should be raised at the earliest possible moment in order that, if it be upheld, the parties shall be saved the time and expense of litigating in a Court which has not the jurisdiction to adjudicate. Appeal from the Supreme Court of the Gold Coast.

Appeal allowed.