S. E. Akrobotu V. Ametame Normeshie & Ors (1953)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Native Courts—Jurisdiction—Land in Vui—Native Court “B” of Keta—Native Courts (Colony} Ordinance, 1944, section 3 and section 14 (1).

Facts

Under the above section 3 “The Governor in Council may by order provide for the constitution of Native Courts which shall exercise jurisdiction in accordance with this Ordinance within such area as may be defined in the order ” etc.; and under section 14 (1) “All land causes shall be tried and determined by a Native Court having jurisdiction over the area in which the land which is the subject-matter of the dispute is situated ”.

The plaintiff (appellant above) sued in the Native Court ” B ” of Keta in respect of land in Vui; on appeal the judgment was set aside by the Native Court of Appeal on the ground that Vui was not within the jurisdiction of the trial Court, and this was upheld in the Land Court, from which there was this further appeal.

There being no evidence on the record, the Court of Appeal remitted the case to the Land Court to take certain evidence, which turned out against the trial Court having jurisdiction over cases arising in Vui.

Held

The jurisdiction of a Native Court depends on statute and the burden of proof is upon the party who asserts the jurisdiction; here the evidence was unanimous that the trial Court had no jurisdiction in the case.

Appeal dismissed.