Opanin Asong Kwasi And Others V. Joseph’Richard Obuadabang Larbi (1952)

LawGlobal Hub Judgment Report – West African Court of Appeal

Arbitration award according to native customary law—General principles
governing such arbitrations—Effect of one party withdrawing before arbitration
completed— Constitution of Native Appeal Courts—Construction of section 3 of the Native Courts (Colony) Ordinance, 1944.

Facts

The appellants argued that an arbitration award made during the trial before the original trial Court was not binding because they resiled before the arbitration award was made.

The respondent contended that the Native Appellate Court was not lawfully constituted under section 3 of the Native Courts (Colony) Ordinance, 1944, and that all proceedings subsequent to the trial before the Native Court ” B ” were null and that the decision of that Court must stand.

Held

Without laying down any general proposition as to native customary law, on the material before it the Board was of the opinion that the appellants had no right to resile and the arbitration award was binding.

Held further, that the Native Appellate Court was properly constituted. In this respect the Board disagreed with the obiter dictum of the West African Court of Appeal that there was substance in the submission of the respondent.

Appeal’ dismissed.