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June 26, 1961
HIGH COURT
GHANA
CORAM
The appeal is against the decision of the magistrate of the Accra East Local Court in two cross-actions by the same parties against each other for declaration of title in respect of the same piece or parcel of land situate at Labadi which the magistrate tried together. The first action was No. 239/60 in which the respondent in this appeal, as plaintiff, sued the appellant before the court claiming that the latter had trespassed on a portion of an area of land granted to him by the head and elders of the Abafum quarters of Labadi by customary grant about seven years ago and subsequently confirmed by a formal deed of conveyance dated the 30th December, 1959.
The second action was No. 252/60 in which the appellant before this court, as plaintiff, sued the respondent claiming that the latter had trespassed on a portion of an area of land granted to him also by customary [p.429] grant as far back as 36 years ago by the elders of the Labadi Presbyterian Mission. The Mission had made their grant in exchange or substitution for a parcel of his family land which the appellant had granted to them for the establishment of what is now the Presbyterian Senior Boys' School, Labadi. The magistrate after hearing all the evidence and inspecting the parcel of land, the subject-matter of the two actions, gave judgment in favour of the respondent upholding his claim as plaintiff in the first action and dismissing the claim against him as defendant in the second action. Accordingly the appellant has appealed against the magistrate's decision in both cases tried together. Counsel on his behalf has submitted, firstly, that the magistrate had no jurisdiction to consolidate and try the two actions together and that by doing so the resulting proceedings and judgment are a nullity. As to that submission, it is sufficient to say I do not find that the magistrate used the word "consolidate" or the word "consolidation" in connection with the order which he made, although it is true he ordered the two cases to be "heard together." The material entry appearing in the record was the following:
"Suit No. 239/60
E. A. A. Prempeh
v.
Martin Ashiamoh
Both parties present.
The defendant stated that he had instituted another action against plaintiff about the same land by way of counterclaim. The plaintiff admitted having received civil summons suit No. 252/60 concerning this very land.
By Court: This case shall be heard together with suit No. 252/60 as one case as evidence would be si
AI Generated Summary
The appeal by Martin Ashiamoh arises from two cross-actions over Labadi land that the Accra East Local Court heard together. In Suit No. 239/60, E. A. A. Prempeh claimed Ashiamoh trespassed on land he had received by customary grant from the head and elders of the Abafum quarters of Labadi and later by deed (30 December 1959). In Suit No. 252/60, Ashiamoh claimed Prempeh trespassed on land he said was granted to him 36 years earlier by the elders of the Labadi Presbyterian Mission, in exchange for family land he gave for the Presbyterian Senior Boys' School, Labadi. The magistrate inspected the land, found for Prempeh, and dismissed Ashiamoh’s claim. On appeal, ADUMUA-BOSSMAN, J rejected the procedural challenge to hearing the suits together, citing customary practice, section 24 of the Local Courts Act, 1958, and regulation 40 of the Native Courts (Colony) Procedure Regulations, and cautioned against applying strict English procedural notions; the appeal was dismissed on jurisdiction but allowed on the merits.