THE CONCESSIONS ORDINANCE CERTIFICATE
December 4, 1939
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
- DOORLY
- M'CARTHY
- FUAD, JJ
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Contract Law
December 4, 1939
WEST AFRICAN COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arises from a judgment against the fourth defendant, J. B. Amegashie, for £250 in rents drawn from the Attiteti (Copra) Concession after ownership had shifted. The concession, originally held by Hans Schumann and later Basle Trading Co. Ltd., was tied to the Klevie tribe’s grant. Following a sale in execution, the Tribunal of the Paramount Chief (Awuna State) certified on 31 December 1934 that Attipoe purchased the grantors’ rights, effective 30 June 1934; Attipoe assigned to Emmanuel Nelson Tamakloe on 12 August 1937, who was the real purchaser. Despite authorization from Klevie representatives, Amegashie collected rents in 1936 for periods post-dating the sale. He challenged jurisdiction, the writ’s amendment, and the need for endorsement under the Concessions Ordinance. The Court held the case was ordinary money had and received, not a land-possession dispute; endorsement was unnecessary to enforce rights; and with notice of the respondents’ ownership, agency did not shield liability. The appeal was dismissed with costs.
The following judgments were delivered :DOORLY, J.
The appellant, who was the 4th defendant at the trial, appeals against the judgment of Cooper, Ag. J. by which on the 24th August, 1939, he gave judgment against the appellant and two other of his co-defendants jointly and severally for £250 with costs to be taxed. The co-defendants have not appealed.
The admitted facts of the case are as follows :-
All the defendants, except present appellant, were representatives of the Klevie tribe and as such were the grantors of the Attiteti (Copra) Concession of which one Hans Schumann was the holder. A certificate of validity was obtained on 31st May, 1932. Subsequently the Basle Trading Co. Ltd. became the holders of the concession.
On the 31st December, 1934, the first respondent was declared by a Certificate of Purchase of the Tribunal of the Paramount Chief Awuna State in the Eastern Province to be the purchaser of the right title and interest of the defendants (other than the present appellant) in the land comprised in the Attiteti (Copra) Concession and the certificate also states that the property was sold to the 1st respondent on the 30th June, 1934.-
On the 12th August, 1937, the 1st respondent conveyed his rights to the 2nd respondent.
From the 2nd respondent's evidence it appears that he merely put up the 1st respondent to buy on his behalf and that he in fact was the real purchaser at the sale in execution.
The validity of this certificate of purchase was attacked by some of the appellant's co-defendants in a suit and the respondents' title 'a~ owner was upheld.
On the 20th March, 1935, the representatives of the Klevie tribe gave an authority to the appellant to draw the rents of-the concession on their behalf and on the 13th January and the 31st March, 1936, he drew £215 and £35 being the rents of the concession from the 2nd July, 1934 to the 2nd July, 1936.
It is in respect of this sum amounting in all to £250 that the appellant with two of his co-defendants has had judgment given against them jointly and severally.
On the 12th September, 1938, the certificate of validity of the Basle Trading Company1s concession was endorsed by the Court under the provisions of section 29 of the Concessions Ordinance as follows :-
•• The land comprised in and referred to in this Certificate of Validity has become the property of Emmanuel Nelson Tamakloe (the 2nd respondent) of Keta as from the 39th day of June, 1934 .•
(Sgd.) J. M. ST. JOHN YATES,
Judg