Sockna Mormordu Allie And Ors V. Ahmed Alhadi (The Official Administrator) (1952)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for revocation of will—Proceedings wrongly stayed and sent to Attorney-General to consider criminal prosecution—No prosecution instituted—Influenceon Judge’s mind of conclusion reached by Attorney-General—-Concurrentfindings of fact.

Facts

The facts are fully set out in the judgment. The plaintiffs were the appellants and appealed against the concurrent findings of the trial Court and the West African Court of Appeal dismissing their claim to have a will revoked.

Appellants’ counsel argued that the decision was against the weight of evidence and that the proceedings were wrongly stayed and the Judge’s mind was influenced by the decision of the Attorney-General not to prosecute.

Held

The Board did not determine anything with regard to the principle under which, in England, it is essential that a prosecution should take place before a civil action is taken. It assumed for the purpose of its decision that it was not necessary or not even proper that this case should have been sent to the Attorney-General.

It was abundantly clear that the judge with great care drove from his mind any suggestions that the Attorney-General’s decision influenced him. There was ample evidence to support the Judge’s finding although it was quite true there was ample evidence on which he could have found the other way. In such circumstances the Board does not interfere with concurrent findings of fact of the trial Court and of the Court of Appeal of the Colony itself.

Appeal dismissed.