Nana Boakye Tromu II V. Odekro Kwasi Gyami (1953) LJR-WACA

Nana Boakye Tromu II V. Odekro Kwasi Gyami (1953)

LawGlobal Hub Judgment Report – West African Court of Appeal

The Boundary, Land, Tribute and Fishery Disputes (Executive Decisions Validation) Ordinance (Cap. 120), section 3 (1)—Interpretation.

Facts

The above sub-section provides that:—
“Any executive decision in a dispute . . . relating to the ownership or boundaries of any land … in Ashanti given, confirmed, or approved by the Chief Commissioner prior to the commencement of this Ordinance, and officially recorded in a Boundary Book is hereby validated and invested with full and definite legal force and effect for all purposes, etc.”

One such decision relied upon by the plaintiff in the Court below had been given before the commencement of the Ordinance but was not recorded until after its commencement. On this account (and for another reason which was a mistake of fact and is not material here) the trial Judge rejected the decision and the plaintiff appealed.

Held

The expression “prior to the commencement of this Ordinance” qualifies the words “given, confirmed, or approved by the Chief Commissioner” which precede that expression, but does not relate to the words “and officially recorded in a Boundary Book” which follow; the date of recording is immaterial.

Appeal allowed: order accordingly.