Duke Kwesi Kuntu Of Anomabu V. Adontenhene Kweku Afilfa VII Of Andoe (1946)

LawGlobal Hub Judgment Report – West African Court of Appeal

Trespass–Boundary Dispute—Courts Ordinance, section 20B—NativeAdministration (Colony) Ordinance, section 48 (1)—Jurisdiction–NativeCustom.

Facts

The trial of a claim for trespass over a boundary was conducted by a Judge sitting alone and without an assessor.

Held

That, as what the trial Judge held to have been a lawful oath in assertion
of title imported into the case a question of native customary law, the proceed-
ings at the trial were null and void by virtue of the Courts Ordinance section 20B. Appeal from the Cape Coast Land Court.

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Appeal allowed and new trial ordered.