K. C. Dinsey & Ors V. Yaw Ossei & Ors (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeal from Deputy Provincial Commissioner setting aside judgment of Native Tribunal—Definition of word ” creek “—Land covered by it—Finding of fact in Court below—Matters of procedure in Native Tribunals an appeal.

Facts

A judgment of the Native Tribunal awarding damages for trespass in a creek was set aside by the Deputy Provincial Commissioner on ground that no land was mentioned in connection with the creek.

Held

On appeal :-

Too narrow a view of what was included in the word ” creek ” (the amount of land included being that normally covered between lowest ebb and highest flow) was taken by the Deputy Provincial Commissioner who was not justified in overriding the facts arrived at by the Native Tribunal who had the advantage of hearing witnesses cognizant of the facts and having knowledge of the locality.

Held also—the principle established in dealing with appeals from Native Tribunals is that Court must not be too strict in regard to matters of procedure. Archie Kwour v. Obese &sign Eku II (2 W.A.C.A. 180) followed.

The appeal will therefore be allowed with costs to appellants assessed at £24 6s. 6d.