EDWARD RAMIA, LTD. v. AFRICAN WOODS, LTD.
1960
CORAM
- LORD TUCKER
- LORD DENNING
- THE RT. HON. MR. L. M. D. DE SILVA
Areas of Law
- Property and Real Estate Law
- Commercial Law
- Civil Procedure
1960
CORAM
AI Generated Summary
This case involves a dispute over overlapping timber concessions in Ashanti between Edward Ramia, Ltd. and African Woods, Ltd. Ramia initially succeeded in the Land Court, but the West African Court of Appeal ruled against them, holding that their concession was invalid due to non-compliance with procedural requirements under the Concessions Ordinance. The supplementary document filed by Ramia was also deemed insufficient to cure the defects. The judgment emphasizes the imperative nature of statutory compliance in concession grants and the non-waivability of provisions designed to protect grantors.
JUDGMENT OF LORD TUCKER
Lord Tucker delivered the judgment of their Lordships. This appeal concerns two concession enquiries, numbered 447 and 450 in the Concession Division, Land Court, Kumasi, Ashanti. In concession enquiry No. 447, the present appellant, Edward Ramia, Ltd., was the claimant and in concession enquiry No. 450, the present respondent, African Woods Ltd., was the claimant. On the 13th January, 1955, the Land Court dismissed the opposition of African Woods, Ltd. as opposer in enquiry No. 447, to the grant of a certificate of validity to Edward Ramia, Ltd. in respect of a concession, notice of which was filed on the 20th July, 1953. The claim of African Woods, Ltd. to a concession in enquiry No. 450 in respect of land, part of which is the same as that claimed by Edward Ramia, Ltd. in enquiry No. 447, was not dealt with by the court having regard to the view it took adverse to African Woods, Ltd. as to the rights of the parties under their competing concessions. The parties will be referred to hereafter as "Ramia" and "African Woods".
The claimant Ramia in enquiry No. 447 on the 20th July, 1953, filed notice of a concession dated the 26th May, 1953, granted to it by the stool of Bekwai. On the 30th March, 1954, Ramia filed a supplementary document dated the 26th February, 1954, between the same parties in support of the said concession. By notice dated the 20th November, 1953, African Woods gave notice of a concession dated the 3rd October, 1953, granted to it by the same stool of Bekwai covering a large part of the land comprised in the concession claimed by Ramia. By notice filed on the 4th June, 1954, African Woods entered opposition to the grant of a certificate of validity to Ramia in respect of the concession, the subject-matter of enquiry No. 447, in so far as it purported to coincide with the grant claimed by it by virtue of the concession, the subject-matter of enquiry No. 450. The principal ground of opposition was that the provisions of section 11 (now section 12) of the Concessions Ordinance1 had not been complied with.
It will be convenient at this stage to set out the material sections of the Ordinance.
[p.4]
"2. In this Ordinance—
'Concession' means any instrument whereby any right title or interest in or to land, or in or to minerals, timber, rubber, or other products of the soil in or growing on any land or the option of acquiring any such right, title or interest purports to be granted or demised by a native…”
"3. (