BROBBEY
1936
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
- Cor KINGDON
- PETRIDES
- WEBBER
- c.JJ
Areas of Law
- Probate and Succession
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
1936
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Chief Justice Webber of Sierra Leone delivered a judgment in an appeal arising from a succession dispute originally heard in the Kumasihene Native Divisional Court. The plaintiff sought judicial relief to compel the defendant to hand over property of his deceased uncles, an account, and an injunction. The native tribunal heard both parties and entered judgment for the defendant, finding he inherited under a written, attested death-bed declaration by Adu Yaw confirmed by great oath. No appeal followed. In October 1935, the plaintiff initiated an administration suit after a caveat to his Letters of Administration claim; the court below admitted the native proceedings, took no oral evidence, and held the plaintiff estopped by record while confirming the native tribunals competence. On appeal, grounds challenged law, res judicata, and jurisdiction premised on an English Will. Webber C.J. affirmed, dismissing the appeal, with Kingdon C.J. and Petrides C.J. concurring.
The following judgment was delivered: WEBBER, C.J., SIERRA LEONE
The plaintiff-appellant brought an action in the native tribunal of Kumasihene against the defendant in which he claimed:-
(a) Judicial relief, i.e. to show cause why the defendant should not hand over to him the property of his deceased uncles named Ado-Kwabu and Ardu Yaw, which defendant had inherited in a manner not consistent with native customary law.
(b) An account of defendant's dealings with the property. (c) An injunction to restrain the defendant and his agents from entering into or dealing with. any of the properties.
This is the usual procedure under native law and custom when the question of succession to an estate is in issue. It is not unlike an administration suit where the claimant for a grant of Letters of Administration seeks to take over the property by right of his relationship to the deceased.
The native tribunal heard the evidence of both parties and decided that the plaintiff had made out no claim and judgment was given in favour of the defendant. The native Court found that the defendant had inherited the properties in question in accordance with a death-bed declaration made by Adu Yaw in the presence of accredited witnesses, including some members of the family, and that the declaration so made was confirmed with " great oath" by the deceased before his death. It is the usual native declaration known by native law and custom by which the declarer names the person or persons to whom the inheritance is to be distributed; the declaration was put into writing and attested in the usual native way prior to the death of the deceased.
The case in the native tribunal began in February 1934, and ended in the early part of 1935. There was no appeal.
In October 1935 the plaintiff takes proceedings in an administration suit on a caveat entered by defendant to a claim made by plaintiff for the grant of Letters of Administration. The Court below took no oral evidence. The proceedings of the native tribunal were received as evidence, and the Court below decided that the plaintiff was estopped by record and held that the native tribunal was a competent Court in the 'claim before it and dismissed the action.
The grounds of appeal were three in all, but Counsel for appellant argued grounds 1 and 2 together. They were as follows :-
1. That the ruling 'was wrong in law, equity and good conscience.
2. That the matter was not res judicata.
3. That the native tribunal had n