Omanhene Baidoo Bonso Xii & Ors V. The Guinea Timber Explorers & Ors (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Concession Inquiry–Opposition to grant of ceriificate of validity on thegrounds of overlordship of opposer—Power of the Judicial Committee of theProvincial Coun’cil of Chiefs to determine overlordship.

Facts

The appellant was the grantor of a concession. The Concessions Court, Sekondi, found in favour of the respondent-opposer on the grounds that he had established overlordship by virtue of a decision of the Judicial Committee of the Provincial Council of Chiefs. Counsel for the appellant argued that the said committee had no authority to make a pronouncement with regard to the status of the opposer.

Held

The question whether the opposer was the overlord of the appellant was a dispute of a constitutional nature, and that under section 97 (1) of the Native Administration Ordinance (Cap. 76) the Judicial Committee of the Provincial Council of Chiefs had power to determine this issue.