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JAMES JACKSON S

1936

WEST AFRICAN COURT OF APPEAL

CORAM

  • LORD MAUGHAM.
  • LORD SALVESEN.
  • SIR LANCELOT SANDERSON

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Administrative Law

AI Generated Summary

Following proceedings in the Gold Coast, the appellants suit to establish the Anona familys title to land in Cape Coast, initiated in the Native Tribunal in January 1931, encountered a jurisdictional bar. A 1926 Public Lands Ordinance notice had been issued by the Colonial Secretary to acquire the same land for public service, and acquisition proceedings were pending in the Divisional Court where respondent Cooke was a claimant. The Native Tribunal ruled for the appellant, but the Provincial Commissioner reversed, and the West African Court of Appeal declared the Native Tribunal proceedings a nullity and awarded costs to Cooke. On further appeal, the Judicial Committee interpreted sections 6 and 7 of the Public Lands Ordinance to vest jurisdiction over compensation and title disputes in the Divisional Court, held the Native Tribunal action misconceived and subject to stay, and dismissed the appeal, leaving the costs order undisturbed.