Ozogbodo Okwoike V. Agu Ogbodo & Ors (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

Transfer of suits-Native Courts Ordinance, section 28 (1) (c)—Effect of order of transfer—Proceedings in Native Court after order made but before receipt thereof.

Facts

Section 28 (1) (c) provides that:—
“(1) Every Resident and district officer shall at all times have access to Native Courts both of first instance and of appeal in his province or division, as the case may be, and may of his own motion or, in his absolute discretion on the application of any person concerned . . .
“(c) order the transfer of any cause or matter either before trial or at any stage of the proceeding to another Native Court or to a Magistrate’s Court or to the Supreme Court:—

“Provided that no cause or matter which has been transferred by the Supreme Court or a Magistrate’s Court to a Native Court may be transferred under this sub-section to the Supreme Court or to the same or any other Magistrate’s Court.”

The plaintiff, for himself and others, sued the defendants in the Native Court, but before the day of hearing the Senior District Officer made an order transferring the suit to the Supreme Court. The Native Court not having been informed by that officer of his order, heard the suit and gave judgment for the plaintiffs.

In the Supreme Court the plaintiffs argued that the order of transfer was not effective to stay the proceedings in the Native Court as it had not been communicated by the administrative officer to that Court before the action was determined, and asked the Judge to strike out the suit; but this the Judge refused to do, and the plaintiffs appealed. On appeal:—

Held

The order of transfer operated immediately it was made and effectively to divest the Native Court of its jurisdiction to hear and determine the suit and to vest such jurisdiction in the Supreme Court: the proceedings and the judgment in the Native Court after the order was made were a nullity.

Appeal dismissed.