BEDZRA v. AGBADZE

JUDGMENT OF COURT

The facts in this case as stated in the judgment from which the appeal has been lodged are not in dispute; upon those facts the learned judge rightly, in our view, reached this conclusion: "The Divisional Court, Accra was clearly misled by the affidavit accompanying the motion for mandamus in which the applicant swore that the suit was pending for hearing and determination in the Adaklu Court".

Counsel for the appellant, agrees that in fact when the application for mandamus was made, the Adaklu Native Court "B" had already given judgment in favour of plaintiff, but counsel was under the impression that since, in his view, the Adaklu Native Court "B" had no jurisdiction to hear the case, the judgment alone was null and void but the suit was then, and is still, pending in that court.

This contention is erroneous, because as soon as the native court delivered judgment it became functus officio in respect of the suit and therefore no suit or writ of summons remained in the court which could be transferred. Consequently when the magistrate, purporting to act under the writ of mandamus, reported the pendency of the suit to the Land Court, he was clearly in error.

In the result we agree with the judgment of the Land Court and accordingly dismiss the appeal.

DECISION

Appeal dismissed.