JANSAH ANOPOLEY v. NWIA KOJOE
December 2, 1930
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
- Mr. JUSTICE Howes
Areas of Law
- Civil Procedure
- Administrative Law
JUDGMENT
Howes, J.
This was a motion by the defendant in the Court of the Provincial Commissioner for " an order stopping or postponing the hearing of the above case now depending in the Attuaboe Native Tribunal" pending the hearing of an appeal from another case in the same Tribunal, between different parties; on the ground that the land involved in the present suit would be affected by the result of an appeal to the Provincial Commissioner in the other suit.
The application to the Court of the Provincial Commissioner was made under Section 71 of Cap. 111. The Deputy Provincial Commissioner gave his decision, and this is an appeal, under Section 81 on a point of law, against that decision.
The Court is considerably in the dark as to what happened at the hearing of the motion, owing to the regrettable manner in which the proceedings have been recorded. No mention is made of the fact that Counsel appeared for both parties, as is now said to be the case; whether the affidavits were read; nor whether arguments were heard in support of, or opposition to, the motion. The record consists of the bare order of the Deputy Provincial Commissioner ; and it is against that order that the present appeal arises.
There are three grounds of appeal :-
1. Proceedings irregular.
2. The decision contrary to law.
3. That dẹcision otherwișe erroneous in law.
The decision of the Deputy Provincial Commissioner was that a previous order of September 27th be rescinded; and " that the hearing of the case in the Attuaboe Native Tribunal be stopped pending the production before the Court of a plan shewing the boundaries of the Agona land referred to in the summons, together with the boundaries between the Assenta and Kickam stool lands as claimed by Ohene Apo Ababio and Ohene Duku Kanga respectively. Order of survey accordingly made. Plaintiff to deposit £10 in respect of cost of survey ".
The first question to decide is what are the powers of the Court of the Provincial Commissioner under Section 71 of Cap. 111.
That section empowers the Court of the Provincial Commissioner, on the application of either party, to stop the hearing of any civil or criminal cause in a native Tribunal "or such terms as it may consider just; and thereupon the following provisions shall apply". The three provisions which follow limit the power of stoppage to directing by the same or another order a transfer of the case to (1) another Tribunal ; (2) in certain cases, to the Court of a District Commissio