THE WEST AFRICAN LIGHTERAGE & TRANSPORT Co., LTD v. E. B. TIBO.

This case has been argued before me on the question of jurisdiction only. The Plaintiff is an European Firm, suing the Defendant for trespassing on land sold to the Plaintiffs by a Mr. Reindorf, a native.

The trespass alleged is that when the Plaintiffs put up concrete pillars on the ground to mark his boundaries, the Defendant went on the land, and dulled them down.

It is agreed that the lands were originally stool lands, that they were conveyed by Deed to Mr. Reindorf, who conveyed them to the Plaintiffs.

The Defendant's contention is, as I understand, that the lands in question did not belong to the stool of Reindorf's predecessors in title, and that as the question to be tried will be one exclusively of Native Tenure namely to which of two stools these lands belong, that it should be sent back to the Native Tribunal.

I am of opinion section 10 of the Native Jurisdiction Ordinance limits the Jurisdiction of the Native Tribunals in suits relating to the ownership or possession of lands held under native tenure, to suits in which all the parties are natives, or in which any party not a native has consented in writing to his case being tried by a native tribunal.

In the present case section 10 of the Native Jurisdiction Ordinance appears to me to be conclusive on the point, that as the Plaintiffs have refused to submit their case to a Native Tribunal, the suit is not properly cognizable by any native tribunal.

Cause to be listed for the 31st day of July, 1916.

CRAMPTON SMYLY, Chief Justice.