CAPTAIN ABROKYI (SUBSTITUTED FOR KONI DECEASED )
1932
WEST AFRICAN COURT OF APPEAL
GHANA
Areas of Law
- Administrative Law
- Civil Procedure
- Constitutional Law
1932
WEST AFRICAN COURT OF APPEAL
GHANA
AI Generated Summary
This case involved an appeal from the Provincial Commissioner who declared the Native Tribunal's proceedings null due to the merging of two causes of action: land ownership and constitutional claims. It raised questions of the proper jurisdiction for appeals under the Native Administration Ordinance. The court concluded that separation of the claims was necessary, reaffirming the jurisdictional distinctions in the Ordinance, and restoring the Native Tribunal's judgment.
The following judgments were delivered :-
MICHELIN, ].
This is an appeal from a judgment of the Provincial Commissioner of the Western Province dated the 29th January, 1932, in which he allowed an appeal from the judgment of the Native Tribunal of the Paramount Chief of Eastern Nzima holding that the proceedings before the Native Tribunal were null and void.
The particulars of claim in the writ of summons instituted in the Native Tribunal read as follows :-
" The plaintiff as the Chief of Bomuapoley, successor to late Chief Meenla of Bomuapoley in. the division of Nkroful Eastern Nzima State, claims that his ancestors are the co-owners of all the Akomu lands and leased some of these lands either jointly or independently with the defendant's ancestors according to leases in plaintiff's possession
" The plaintiff further claims that the plaintiff's ancestral Stool of Bomuapoley ranks second to the ancestral Stool of the defendant from the time of yore."
The Native Tribunal delivered a written judgment on the 20th January, 1931, in which as to the first portion of the plaintiff's claim, they held in his favour, and as to the second portion of the claim, they made the following order :-
"1. We raise the status of Chief Meenla Stool of Bomuapoley to be the senior Odikro according to plaintiff and defendant and according to Akomu history to carry the foot of Akomu as before.
2. That aU the other Odikrofu of Akomu are to serve the Divisional Stool of Akomu through the senior Odikro Stool of the plaintiff.
3. That this Chief Meenla Stool of Bomuapoley is to serve the Paramount Stool of Eastern Nzima at all times and under all circumstances through the Divisional Stool of Nkroful.
4. That any lease for any land in Akomu must not after this judgment be executed independently by the plaintiff at any time, but must in all cases be executed with his Divisional Chief and vice versa which shall be a legal document and not otherwise.
5. That in executing any lease for land in Akomu in future some of the responsible elders, councillors and linguists must be present to witness the same being executed.
6. That the proceeds of all lands sold in Akomu or any Oman revenue must be divided into three equal parts, one share to be given to the defendant's stool as before. The two shares must also be divided and one share for the plaintiff's stool of Bomuapoley and after this the remaining two parts must again be divided equally between Evonla quarter, Ebukolo Kyi