Ofoley Solomon Of Accra & Ors V. Alexander Mensah Allotey & Ors (1941)

LawGlobal Hub Judgment Report – West African Court of Appeal

Jurisdiction of Divisional Court—Order made for payment out of monies paid in by receiver appointed by Divisional Court when Divisional Court had held no jurisdiction to hear main action—Main action for declaration that property devised by testator was family property.

Facts

[An action for declaration that real properties disposed of by Will was family property was instituted in Divisional Court. Divisional Court Judge held he had no jurisdiction. Proceedings were then taken in the Ga Manche’s Tribunal who held that the property was family property. The Head of Family as such moved the Divisional Court and obtained an ceder for payment to him of money paid into Court by receiver previously appointed by the Divisional Court to the credit of this suit whilst he had bed control of the properties pending the determination of the suit. One of the executors appealed against this Order on ground that Court had no jurisdiction as parties had been referred to a competent Tribunal.]

Held

Divisional Court has jurisdiction as Court may, subject to porticula° rules, make any order necessary for doing justice. All orders of the Court carry with them in gremio liberty to apply to the Court.

The appeal is dismissed with costs assessed at 220 5s 6d.