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KOFI ANTU AS SUCCESSOR OF KWEKU OFORI AND OTHERS
V.
OHENE KWEKU BUADU AS REPRESENTING THE STOOL AND OTHERS
WEST AFRICAN COURT OF APPEAL HOLDEN AT ACCRA, OLD GOLD COAST (GHANA)
8TH DAY OF MAY, 1933
2PLR/1930/12 (WACA)
OTHER CITATION(S)
2PLR/1930/12 (WACA)
(1933) I WACA PP. 273 – 274
LEX (1933) – I WACA PP. 273-274
BEFORE THEIR LORDSHIP(S):
MICHELIN, ACTING C.J. THE GOLD COAST COLONY.
KINGDON, C.J. NIGERIA
WEBBER, J.
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BETWEEN:
KOFI ANTU AS SUCCESSOR OF KWEKU OFORI,
KWEKU ACQUAH
KWEKU AHUNWUO (DECEASED AND THE HEAD OF THE KONNA FAMILY OF WHICH THE ABOVE NAMED DECEASED PERSONS WERE MEMBERS) – Plaintiff-Appellant
AND
OHENE KWEKU BUADU AS REPRESENTING THE STOOL AND THE OMAN OF ASSIN AYINABRIM – Defendant-Respondent
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REPRESENTATION
W. E. G. Sekyi — for the Plaintiff-Appellant
K. A. Korsah — for the Defendant-Respondent
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
NA
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PRACTICE AND PROCEDURE ISSUES
ACTION:- Suit before a Native Tribunal – Motion before the Provincial Commissioner’s Court to transfer the Suit to another Native Tribunal under section 71 of the Native Administration Ordinance – Order made transferring the suit to the Divisional Court – Review of that Order and substitution therefor of an Order transferring the suit to another Native Tribunal Power to move such an Order on review.
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CASE SUMMARY
On the 7th October, 1929, the Provincial Commissioner of the Central Province made an Order under section 71 of the Native Administration Ordinance transferring a suit from a Native Tribunal to the Divisional Court. On the 11th of the same month the Commissioner of his own motion, gave notice of his intention to review his Order and on the 2nd of December, 1932, made another Order rescinding his first Order and transferring the suit to another Native Tribunal.
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held (inter alia)
That so long as the Divisional Court was not actually seised of the suit the Provincial Commissioner’s power of review under section 86 of the Native Administration Ordinance remained.
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MAIN JUDGMENT
The following judgments were delivered:
WEBBER, J.
There can be no question as to the power of a Provincial Commissioner to transfer a case from one Tribunal to another, section 71 of the Native Administration Ordinance gives him that power in very clear terms. It is contended, however, that the Commissioner having by order transferred this case to the Divisional Court, he could not review his Order and make an Order of transfer to another tribunal in its stead.
I am of opinion that the order was valid. It is true that the Commissioner made an Order directing a transfer of this case to the Divisional Court, but within four days of that Order he gave notice of his intention to review it. There seems to be no question as to his power of review.
Section 85 of the Native Administration Ordinance gives him that power, and until the Divisional Court is actually seized of some cause or matter, which does not appear to be the case here, the Provincial Commissioner’s power of review still remains in existence.
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MICHELIN, ACTING C.J. THE GOLD COAST COLONY.
I concur.
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KINGDON, C.J. NIGERIA
I concur.
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