1950
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involves a lengthy land dispute starting with a writ issued in 1935. After various decisions and appeals, the judgment of the Native Court was declared a nullity by the West African Court of Appeal in 1947, mandating a re-hearing. Significant issues arose about whether the Chief Commissioners Court had original or appellate jurisdiction, especially in the absence of a valid writ of summons. The appellate court declined to clarify these procedural doubts. Consequently, the judge eventually deferred to the appellate court's obiter dictum, ordering the parties to proceed with filings to advance the trial. The legal principles focused on the need for writs to assert original jurisdiction and the binding nature of appellate directives.
Case stated (20th February, 1950):
On the 14th August, 1935 a writ of summons was issued out of the Native Court of the Asantehene (Grade "A") by Yaw Damoah on behalf of the Stool of Contrajesu and the Omanhene of Dormaa claiming as against Kofi Taibil as representing the Stciol of Susuansu a declaration of title to certain land described in the writ.
On the 26th March, 1945, after an indefinite adjournment which covered a period of some 12 years Boakye Tromu II was joined as a co-defendant on behalf of the Stool of Nkwanta.
On the 29th January, 1946 the Native Court entered judgment for the Stool of Susuansu and added "as between the Defendant (Susuansu-Dikro) and the Co-defendant (Nkwantahene), the Court gives judgment for the latter i.e. Nkwantahene . . .".
From that decision the Stools of Dormaa (plaintiff) and Susuansu (defendant) appealed to the Ashanti Chief Commissioner's Court.
On the 18th November, 1946 (1), the Chief Commissioner's Court allowed the appeal of Dormaa as regards Susuansu but as regards Dormaa and Nkwanta, Dormaa was not given the declaration of title which it sought but a judgment by consent was entered.
From this decision Kofi Taibil on behalf of the Susuansu Stool appealed to the West African Court of Appeal.
On the 2nd June, 1947 the West African Court of Appeal gave judgment in the following terms:
"In these circumstances the trial before the Asantehene's "A" Court is declared to be a nullity and we direct that the Chief Commissioner in the exercise of the powers which he possesses as a Court of Appeal do set aside the judgment of the Asantehene's Court " A " including the order as to joinder and do re-hear the whole cause de novo.
"The appeal is allowed. The judgment of the Chief Commissioner's Court including the order as to costs is accordingly set aside. At the re-hearing all costs incurred and to be incurred in any court except this Court will be in the discretion of the Chief Commissioner's Court."
On the 21st July, 1947 the Chief Commissioner's Court set aside the judgment of the Asantehene's Court including the Order as to joinder, and which was the joinder of Boakye Tromu II of Nkwanta on behalf of the Nkwanta Stool.
On the 5th December, 1947 the Chief Commissioner's Court gave leave for Boakye Tromu II to be joined. The motion was for joinder in the suit.
An appeal from this interlocutory decision was dismissed by the West African Court of Appeal on the 2nd February, 1949.
By reasons of the provisions of