ASOBARI HARRY HORSFALL
1938
WEST AFRICAN COURT OF APPEAL
CORAM
- Cor. Kingdon
- C.J.
- Butler Lloyd
- Graham Paul
- JJ
Areas of Law
- Civil Procedure
- Property and Real Estate Law
1938
WEST AFRICAN COURT OF APPEAL
CORAM
AI Generated Summary
The Court was asked to resolve a jurisdictional question arising from proceedings under the Native Courts Ordinance and the Protectorate Courts Ordinance. Specifically, the inquiry asked whether, when a Resident acts in his appellate capacity under section 27 of the Native Courts Ordinance and orders a re‑hearing under section 36(1)(b) of a suit that raises an issue as to title to land or any interest in land, a Magistrate’s Court has jurisdiction to hear the suit given section 32 of the Protectorate Courts Ordinance. Chief Justice Kingdon, together with Justices Butler Lloyd and Graham Paul, issued a joint opinion. They held that a Magistrate’s Court conducting such a re‑hearing is not exercising original jurisdiction. Consequently, the Magistrate has jurisdiction to hear the suit, and the Court answered the certified question in the affirmative.
The following question was put to the Court:-
"Where a Resident in the exercise of his appellate jurisdiction under section 27 of the Native Courts Ordinance makes an Order under section 36 (1) (b) that a suit which raises an issue as to the title to land or any interest therein be re-heard before a Magistrate's Court, has the Magistrate jurisdiction to hear the suit, having regard to section 32 of HIe Protectora te Courts Ordinance?"
The following joint opinion was delivered:-
KINGDON, C.J., NIGERIA, BUTLER LLOYD AND GRAHAM PAUL, JJ.
We are of opinion that in re-hearing a suit under an order made by a Resident in his appellate jurisdiction a Magistrate's Court is not exercising original jurisdiction. The answer to the question submitted to the Court is, therefore, in the affirmative.