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
1936
WEST AFRICAN COURT OF APPEAL
CORAM
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.
This is an appeal from the decision of the West African Court of Appeal pronounced on the 9th May, 1933,(1) deciding that the action, which had been commenced in a Native Tribunal, was not properly before such tribunal and that its judgment and all subsequent proceedings amounted to a nullity but awarding the respondent costs on appeal and in the Courts below. The proceedings were begun by writ of. summons dated the 30th January, 1931, in the Native Tribunal of Cape Coast by the appellant as plaintiff against the respondent as defendant and according to the appellant the substantial question was whether the land, the subject of such action, was the property of the family of the plaintiff or the family of the defendant. The writ, however, called upon the defendant to establish his claim to the land.
The Native Tribunal having given judgment on the 31st October, 1931, in favour of the appellant (plaintiff) with costs, the respondent (defendant) appealed to the Provincial Commissioner's Court of the Central Province. The Provincial Commissioner, on the 22nd August, 1932, gave judgment, reversing the decision of the Native Tribunal, in favour of the respondent with costs. From the judgment of the Provincial Commissioner's Court the appellant appealed to the West African Court of Appeal and the appeal came up for hearing before that Court on the 4th May, 1933.
(1) Reported in I W.,A.C.A:, p. 188.
On the 9th May, 1933, after Counsel for the appellant had addressed the Court at length, it transpired that in 1926 the Colonial Secretary of the Colony had issued a notice under the Public Lands Ordinance, lR7G (now Cap. 142 of the Laws of the Gold Coast Colony) to the effect that the land, the subject of the action, was required for the use of the public service. What happened then is shown by the following note of the President of the Court:-
~"Both Counsel agree that when this suit was instituted, proceedings under the Lands Ordinance in which the defendant Cooke was a claimant, were pending in the Divisional Court at Cape Coast, and had not yet been determined, and are not yet determined.
"Both Counsel agree that under section 7 of the Public Lands Ordinance, writ of summons could not have been instituted in the Native Tribunal until the proceedings under the Public Lands Ordinance had been terminated.
'1'he Court adjourns for ten minutes.
On resumption, the Court delivers the following ruling: By THE COURT.
Counsel for each side having admitted to the