Ofoasi Stool Per Kweku Nunsin & Ors V. Akyiasihene Kofi Abu & Anor (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeal to wrong Native Tribunal—Judgment of Court of original jurisdiction stands.

Facts

The Native Tribunal of Gyase Clan gave judgment for the plaintiff in an action relating to ownership of land.

From cases of this description appeal lay to the Asantehene’s Court ” A “.

The defendant lodged his appeal in Asantehene’s Divisional Court ” B ” which heard the case ” de ?MVO ” , and gave judgment for the plaintiff. From that Court the defendant appealed to the Isantehene’s Court ” A “. A re-hearing was commenced in that Court and after eighteen attendances by the plaintiff the Court referred the case back to the Asantehene’s Divisional Court ” B “. Plaintiff brought matter to notice of Chief Commissioner of Ashanti, who, under powers vested in him by section 22 (1) (e) of Cap. 80 transferred the case from the Asantehene’s Divisional Court ” B ” to the Chief Commissioner’s Court.

There the Chief Commissioner ruled that all proceedings from the time when the case left the Gyase Clan Court to the time of the transfer to the Chief Commissioner’s Court were a nullity.

The Chief Commissioner heard the case ” de novo ” and entered judgment for the plaintiffs. Against that judgment the defendants appealed.

Held

Chief Commissioner correct in holding that prior proceedings were a nullity, but wrong in exercising jurisdiction and hearing the case since there was no case on appeal properly before him.

Held further that the original judgment of the Gyaao Native Court, against which there had been no appeal to the proper appellate Court, still stood.

Costs awarded to respondent.