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Chief Quakoo Attipoe & Anor V. Chief Badu II & Ors (1939) LJR-WACA

Chief Quakoo Attipoe & Anor V. Chief Badu II & Ors (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Concessions Ordinance—Certificate of Validity—Claim for rent of land—Jurisdiction—Section 48 (2) (c) of Native Administration Ordinance Cap. 76—Question of ownership—res judicata.

Facts

This was a claim by the purchaser of land subject to a concession for the refund of rents wrongfully collected on his land by appellant as agent of the original grantors, the other defendants. Judgment was given for plaintiff. It was contended inter alia that this was a suit for rent of land between parties subject to the Native Administration Ordinance and was an action relating to ownership possession or occupation of land and as such cognizable by a Native Tribunal.

Held

That the question of ownership was res judicala and the fact that the money claimed had been rent of land was an accident : that as it was not necessary for the trial Judge to adjudicate upon any matter relating to the ownership possession or occupation of land he had jurisdiction. Solomon v. V anderpuye (28-6-34 : unreported) : Djaberley v. Benkumhene Antwi Awua 4 W.A.C.A. 202: ilmuaktva v. Kwamin A-nyan 3 W.A.C. A. 22 distinguished.

Held also : That a purchaser is entitled to enforce his rights against the grantor of a concession even if there has been no endorsement of the Certificate of Validity by the Concessions Court with the fact that a person other than the original grantor has become owner of land subject to concession.

See also  Chief Joseph Wobo & Ors V. The Attorney-General (1952) LJR-WACA

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