Y A AMENE v AMANOR

The West African Court of Appeal considered a case stated by Hall, Acting Chief Justice of the Gold Coast Colony, seeking guidance on the relationship between the Supreme Court’s probate jurisdiction and Native Tribunals’ jurisdiction over succession under the Native Administration Ordinance. Counsel included Mr. Quist for the plaintiff, Mr. Koranteng for the defendant, and the Attorney-General as amicus curiae. Michelin, J., writing first, explained that while Native Tribunals have jurisdiction over suits concerning succession under section 43, they lack authority to grant Letters of Administration, which remain within the Supreme Court’s probate jurisdiction under sections 11 and 16 of the Supreme Court Ordinance and Order 1. He advised that the ouster question arises only after a writ issues under Order I rule 17(d) to determine entitlement to the grant, and recommended referring the specific succession issue to a Native Tribunal under section 59. Hall concurred in the outcomes but preferred the Supreme Court to decide without referral. A third judge concurred and supported the practice of referral. The Court’s answers were: (a) No, (b) No, and (c) Yes.