Nana Obosu Enu I. & Ors V. J. B. Biney, Otherwise Known As Nana Essendoh IV (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for declaration that election of Paramount Chief was contrary to. Native custom and Native Administration Ordinance—Plea of no jurisdiction by virtue of the Native Administration Ordinance and section. 75 (1) of the Courts Ordinance—Capacity of _legislature to _ettact aection,i5.

Facts

There was a plan in the Court below that the Supreme Court had no jurisdiction to enter into the question of the validity of the election.

Held

The suit fell within the purview of section 75 (1) of the C011144 Ordinance Cap. 4 and the Supreme Court was precluded by that section and section 26 of the Native Administration Ordinance from enquiring into the question whether the election was in accordance with natiie customary law.

Held : Where jurisdiction is expressly withheld from a finperior Court by Statute, the rule that the objection must- show what other Court has jurisdiction does not apply. The legislature had poweclo confer jurisdiction on the Supreme Court and to limit it as has been done in section^–75.

The appeal is dismissed with costs assessed at £34 6e.