KWASHITSE ODONKOR v. AYEH & Others
March 26, 1913
SUPREME COURT
GHANA
CORAM
- HIS HONOUR SIR PHILIP CRAMPTON SMYLY, KNIGHT, CHIEF JUSTICE
Areas of Law
- Conflict of Laws
- Civil Procedure
- Property and Real Estate Law
March 26, 1913
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Chief Justice Sir Philip Crampton Smyly addresses procedural and jurisdictional questions in a set of land related disputes implicating native law and custom. He identifies that the cases should be heard in a Native Tribunal, with the central doubt being which tribunal is proper. After considering Angbo v. Dei (1908), in which Sir William Brandford Griffith opined that land settled by Krobos should be deemed Krobo land, the Chief Justice expresses difficulty with extending that reasoning to cross tribal land purchases because it would convert territorial jurisdiction into personal tribal jurisdiction and contravene the contract principle that validity is determined by the law of the place of performance. Observing that both parties previously submitted to Konor Mate Kole and his decision is undisputed, he refers the cases to the Native Tribunal of Konor Mate Kole, while noting that, absent native laws or customs not in evidence, the actions should have been brought before the Ohene of Begoro initially.
In these cases I have no doubt, but that they should be referred to the Native Tribunal, the only doubt I have is as to what is the proper tribunal to refer it to. I have been referred to the case of Angbo v. Dei 15th June, 1908 decided by Sir William Brandford Griffith, a Judge whose knowledge of Native Law and Custom I have the greatest respect for--he states-that as a matter of fact he was of opinion that the land should be deemed to be Krobo land having been settled by Krobos. This is a statement I find very great difficulty in following, if it is to be extended to the case of the purchase of land by members of one tribe from another tribe-it would do away with the Territorial limits of the particular jurisdiction of the tribunal and change it into a jurisdiction over the persons of the tribe-besides being contrary to the general principle, that the validity of a contract is determined by the law of the place of its performance. In the present case both parties have submitted to the jurisdiction of Konor Mate Kole-his previous decision is not disputed, the only question in issue is. whether that decision has been departed from and if so what compensation is due-Under the circumstances these cases are referred to the Native Tribunal of Konor Mate Kole. Although in my opinion apart from any Native laws or Customs which may exist, but have not been put before me these actions should have been brought before the Ohene of Begoro in the first instance.
CRAMPTON SMYLY,
Chief Justice.