Omankyiame Kobina Kwansa Efi V. Kwesi Enyinful (1954)

LawGlobal Hub Judgment Report – West African Court of Appeal

Native Courts—Decisions in land cases—View on appeal.
Appeals in Civil Cases—View on appealsfrom Native Courts in land cases.

Facts

The plaintiff sued on trespass claiming a boundary between his land and the defendants at a certain point; the defendant alleged that the boundary was at another point. The Native Court of trial viewed the place and being satisfied with the evidence of a witness for the plaintiff as to the boundary point, gave
judgment for the plaintiff.

On appeal by the defendant, the Land Court Judge set aside the judgment on grounds which he did not explain. The plaintiff appealed.

Held

Decisions of native tribunals on land cases within their jurisdictions, arrived at after a fair hearing on relevant evidence, should not be disturbed without very clear proof that they- are wrong; in this case there was no sufficient reason to interfere with the decision of the Native Court.

Appeal allowed; decision of Native Court restored.