KWAMIN FOSU v. J. G. TURKSON
1936
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
- Cor. KINGDON
- PETRIDES
- WEBBER C.J J.
Areas of Law
- Civil Procedure
- Constitutional Law
- Property and Real Estate Law
- Administrative Law
1936
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This West African Court of Appeal judgment, authored by Kingdon, C.J. (Nigeria), addresses a protracted dispute in Assin Attandaso over custody of the Beretuo/Abease stool. Kwamin Fosu, the Gyasehene, alleged that J. G. Turkson, an elder of the Beretuo family, falsely invoked the Omanhene Nana Tsibu Darku IX’s authority to obtain the stool, which had been entrusted to Fosu for safekeeping at Amoaben during a vacancy. The State Council treated the case as concerning improper detention and allegiance of the stool and entered judgment for Fosu. The District Commissioner later dismissed Turkson’s appeal for lack of jurisdiction, reasoning the matter was constitutional under section 35 of the Native Administration Ordinance. Although a Divisional Court remitted the case and later ordered return of the stool, the Court of Appeal held those proceedings were nullities for want of jurisdiction, restored the District Commissioner’s 10 April 1934 dismissal, and confirmed the State Council’s authority under section 38 to address improperly detained stool property. The judgment also emphasized clarity in native Tribunal pleadings to avoid jurisdictional missteps.
In this case the plaintiff-respondent on the 21st January, 1931, sued out a writ in the native Tribunal of Fanti Yankumasi, Paramount Chief of Assin Attandaso State, against the defendant in these terms :-
" The plaintiff sues defendant to show cause by defendant why defendant should falsely go to plaintiff at Amoabeng with Omanhene's (Tsibu Darku IX) name to take away from plaintiff the Stool of Aboase given to plaintiff for safe-keeping by the Paramount Chief of Assin Attandaso in respect of which plaintiff swore the oath of Kwsida ne' Osaman on defendant for which defendant failed to respond to the oath."
On the 24th January, 1931, that Tribunal" in view of the importance of the case" transferred it under the provisions of section 91 (2) of the Native Administration Ordinance (Cap. 111) to the State Council of Assin Attandaso for a determination.
Meantime on the 23rd January, 1931, the defendant had applied to the Court of the Provincial Commissioner, Cape Coast, for an order transferring the case to the District Commissioner's Court, Cape Coast; this application was refused on the 24th April, 1931. This defendant then on the 5th May applied to the State Council for leave to appeal to the Provincial Commissioner's Court against the native Tribunal's order of transfer to the State Council. Leave was refused on the 12th May, 1931. Thereupon the defendant appealed to the Provincial Commissioner's Court against the native Tribunal's order of transfer. This was refused on the 28th Jul 1931.
The case came on for hearing before the State Council on the 28th November, 1931, and after adjournments was heard on the 29th and 30th April, 1932. The State Council gave the following judgment :-
" This is an action brought before the Paramount Chief Tribunal of Fanti Yankumase on the 21st day of January 1931, but owing to the magnitude of the case it was transferred to the State Council Tribunal of Assin Attandasu under section (2) of the Native Administration Ordinance. The defendant J. G. Turkson, subsequently applied for transfer of the case the Honourable Commissioner Central Province's Court, t the application was refused and the case was re-transferred the State Council Tribunal under section 91 (1) of the Native Administration Ordinance of 1927. The case was accordingly heard on the 29th and 30th of April, 1932, by this Council