KO]O ETSIA

The following judgment of the Court was delivered by the President Deane, c.]., and concurred in by Michelin and Sawrey­Cookson, ].]. :-

DEANE, c.J. THE GOLD COAST COLONY.

This is a case transferred by the Provincial Commissioner to the Divisional Court for hearing under section 71 of the Native Administration Ordinance. The learned Judge when the case came before him ruled that the Provincial Commissioner could not refer a matter to the Divisional Court unless there was no Native Tribunal which had jurisdiction to hear the matter. I cannot agree with him. Section 71 (c) it seems to me gives a very large power to the Provincial Commissioner to transfer any case from a Native Tribunal to a Divisional Court. When there is a competent Native Tribunal he has the power to transfer and that power is exercised daily and indeed is not questioned. If therefore we were to accede to this contention it would mean that we would curtail the power of the Provincial Commissioner to transfer merely because there might possibly be another Native Tribunal which might have jurisdiction over the case, and thus make the Provincial Commissioner's action a subject of enquiry as to its reasonableness on· every occasion. In my opinion the Provincial Commissioner having transferred the case under section 71 of the Native Administration Ordinance the Divisional Court was bound to enquire into it under section 72 of the same Ordinance and the reasonableness of the order of transfer before the Court was not open to question.

Appeal allowed with costs £16 16s. and case remitted to the lower Court to be heard and determined.