Tkwaku Addai V. Nana Ama Serwah Bankuo (1953)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Jurisdiction of Supreme Court—Suit between natives—Land held under native
tenure—Pledge under Native Custom—Native Courts (Ashanti) Ordinance
(Cap. 80), section 35—Courts Ordinance (Cap. 4), section 17.

Facts

Appellant (plaintiff below) sued in the Supreme Court to recover possession of some rooms which had been pledged to respondent and which he claimed to redeem; the respondent alleged that the deceased owner later transferred them to him outright. The appellant lost and in his appeal argued that in view of section 35 of the Native Courts (Ashanti) Ordinance (Cap. 80), the Supreme Court should have stopped the suit as being outside its jurisdiction, and referred also to section 17 of the Courts Ordinance (Cap. 4). The parties were natives, the land was held under native tenure, and the original pledge was made on the footing of native custom.

Held

It was not a proper cause for the Supreme Court to exercise jurisdiction over, consequently the suit was not properly tried there.

Appeal in a civil case by plaintiff: No. 32/52.
K. Adumua-Bossman for Appellant.
J. B. Siriboe for Respondent.