BEDZRA v. AGBADZE

A per curiam appellate court comprising Korsah, C.J., Sarkodee-Adoo, and Akiwumi, JJ.S.C., affirmed the Land Court’s ruling in a dispute marked by procedural missteps involving the Divisional Court, Accra, a magistrate, and the Adaklu Native Court “B.” The appellant sought mandamus on the strength of an affidavit alleging that a suit was still pending in Adaklu, despite the fact that the native court had already entered judgment in favour of the plaintiff. Counsel argued that the native court lacked jurisdiction, so the judgment was void but the suit remained. The court rejected that argument, holding that once judgment was delivered the native court was functus officio and nothing remained to transfer. The magistrate’s report of pendency to the Land Court under mandamus was therefore erroneous. Concluding that the Divisional Court was misled, the court dismissed the appeal and affirmed the Land Court.