Solomon Jonah V. Kojo Owu (1937)

LawGlobal Hub Judgment Report – West African Court of Appeal

Facts

Claim for ” the sum of £25 damages from the defendant to show cause judgment ofwhy if the plaintiff promised to show him boundary of land of forest on his the Court ofown wish and has not got the chance to do so, the defendant seized the a Provincial plaintiff from entering into the said land of forest in which farms are made

Corn-for foodstuffs.”

missioner

Held

That the Provincial Commissioner’s Court was wrong in treating the

exercisingdispute between the parties as one relating to the ownership, possession or occupation of

Appellateland, whereas the native appellate Tribunal had not so treated it. Consequently the

Jurisdiction. Provincial Commissioner was without jurisdiction. Appeal allowed, and judgment of native appellate Tribunal restored.

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Form of writs in native Tribunals considered.