Odikro Danso Abiam II On Behalf Of Himself & Anor V. Ohene Boakyi Tromu II (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Tribute—injunction—amendment of writ—Committee of Privileges.

Facts

The Appellants claimed a declaration that they are not liable to pay tribute to the Respondent and an injunction to restrain the collection of such tribute. As the claim lay in the Court of first instance and in the Courts below a question of constitutional issue appeared ; the writ was therefore amended to confine the issue to the matter of liability to tribute.

Originally the Appellant people were subordinate to the Etipinhene, and so ” strangers ” to the Respondent ; but in 1896 by action of the Government they were placed under the Respondent and so ceased to be ” strangers ” liable to pay tribute as evidenced in the 1919 agreement. But at a later date a Committee of Privileges restored the original situation and the appellant people reverted to their status of subordination to the Etipinhene.

Held

Sufficient Keasons prevailed to allow the amendment of the writ before the Court of Appeal.

Held further, that the later decision by the Committee of Privileges removing the appellant people from their position under the Respondent caused the former to revert to the status held prior to 1898 and thus become ” strangers ” liable to pay tribute.

Appeal dismissed.