YAAH ADOMAAH AND OKYEAME APPIAH v. AMA GRACE

Judgment :

This is an appeal from the decision of the Native Appeal Court of Akyem Abuakwa on a technical point with respect to the constitution of the Native Court "B" Oseewuo Area Asamankese based on section 7(1) of the Native Courts (Colony) Ordinance 1944 which provides:-

"The members of the Native Court appointed under section 4 shall be deemed to be a panel and the Native Court shall be duly formed only if it consists of three or five members including the presiding member and in all causes before the Native Court the opinion of the majority shall, in the event of the members disagreeing, be deemed and taken to be the judgment of the Court."

After the witnesses for both parties had given evidence in the Court of first instance, the following record was made:-

"By consent of parties the land is to be viewed.

"By Court: Parties to lead the messengers of Court to the farm in dispute for viewing of the farm. Judgment to be delivered at 2 p.m. each party to pay £1 each towards the viewing of the land."

Later at 5 p.m. the same day the following record was made:-

"Messengers from the viewing of land viz. Opanyin Kwadjo Armah, Okyeame Nketia and Registrar E. A. Amponsah at 5 p.m. came from the farm."

"By consent of parties and Court, Okyeame Yaw Nketia was allowed to adduce the finding for Judgment."

Then, Okyeame Yaw Nketia, one of the three members of the Court made a verbal report of the inspection on oath and the record shows that he was cross-examined by Plaintiff and Defendant; he was also examined by the Court. After which the Court delivered Judgment.

It is from that Judgment the Respondent herein appealed to the Native Appeal Court of Akyem Abuakwa.

Fifteen grounds of appeal were filed, but it would appear that only the following ground viz:

"That the constitution of the Native Court in its later stages was wrong in that the messengers who were deputed to view the land included two members of the Native Court which had heard the suit - namely, Opaning Kwadjo Armah and Okyeame Yao Nketia and also the Registrar (E. A. Amponsah) who recorded the proceedings. In giving their report therefore the membership of the Native Court was reduced to one person namely, the President of the Native Court, who alone in law cannot constitute a Native Court. This act on the part of the Native Court vitiated the whole of the proceedings, in spite of the fact that I raised objection to the report of the messengers at the outset, finding that it made the con