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October 27, 1961
HIGH COURT
GHANA
CORAM
This is an appeal from judgment of the Accra Central Local Court, delivered on the 30th March, 1961. Before dealing with the points which have been argued, it is necessary to set out the history of the case very briefly. In 1958, the plaintiff instituted an action against the defendants in the Land Court, Accra, claiming the same reliefs which she claims in the present suit. On the 31st March, 1960, that suit was struck out and the parties were referred to the appropriate local court by virtue of section 55 of the Local Courts Act, 19581, which came into force in or about November, 1959, and which is now repealed.
During the two and half years or so that that case was in the Land Court, it came before me on five occasions; that was between the months of June and September, 1959. On the 4th September, 1959, the last day on which it came before me, I indicated that I used to know the late K. Armah Kwantreng whose will was being called in question in the suit, and I also knew the parties to the suit, and therefore if I could assist the parties in any way to settle the dispute between them amicably without it going to trial I would gladly do so, and that for that reason I would like the case to be put on the list of a judge other than myself, so that should the parties wish my assistance extra-judicially I could give it freely. None of the parties took advantage of the offer of my service to effect settlement. The next I heard of the parties and their dispute again was last week when this appeal came before me for hearing.
The record of proceedings shows that the present matter commenced with a writ issued in the local court in April, 1960. Hearing in that court commenced on the 13th May, 1960. The Courts Act, 19602 came into force in the 1st July, 1960, repealing the Local Courts Act, 1958, under which the local court was exercising jurisdiction in the case. A new local court established under the said Courts Act, 1960, continued hearing the case by virtue of the provisions of section 149 (1) of the Act. In October, 1960, the first defendant filed a motion to register her objection to the local court continuing to exercise jurisdiction in the matter because the subject-matter of the suit is land with buildings thereon valued over £G200. The motion was fixed for hearing on the 13th October, 1960, but on that day it was adjourned to the 30th November, 1960, for hearing. Meanwhile, i.e. on the 23rd November, 1960, the defendants applied to this court for an or
AI Generated Summary
On appeal from the Accra Central Local Courts judgment of 30 March 1961, the High Court (Ollennu J) reviewed a land dispute linked to the will of the late K. Armah Kwantreng. The defendants contested the local courts jurisdiction under section 98(2) of the Courts Act, 1960, noting that the propertys value far exceeded £G200, while the respondent relied on section 149(1) to argue for continuation of the pending case. The record showed valuations of £G400 for the land in 1924, £G2,966 for part of the buildings per a 1923 Accra Town Council permit, and affidavits indicating around £G20,000, with no contrary proof. The court held that section 149(1) does not itself confer jurisdiction and that express consent was required but absent. Refusal of prohibition did not preclude raising jurisdiction on appeal. The local courts proceedings were declared null and void, the appeal allowed, with costs and refunds ordered.