[1961]DLHC5394September 27, 1961High Court

HAUSA AND ANOTHER vs. DAWUDA

The action was commenced in the Accra West Local Court by writ issued on 3 October 1960. The plaintiffs claimed a statement of accounts of rents and mesne profits realised from house No. L.764/26 for a period of eighteen months ending in August 1960. One co-plaintiff was joined on the allegation that he was the representative of the KorleWe people who granted the land on which the building stood. During the proceedings, the defendant objected that the land and buildings forming the subject matter of the suit were worth about £G800 and therefore exceeded the Local Court’s jurisdiction in land causes. The plaintiff did not effectively dispute that valuation. The Local Court nevertheless overruled the objection, proceeded with the case, inspected the land, and entered judgment for the plaintiff. The High Court held that the subject matter was a land cause whose value exceeded the statutory limit and that the Local Court acted without jurisdiction. Portion of judgment: “The first ground of appeal argued in this court is that the local court had no jurisdiction in the suit since the subjectmatter was worth more than £G200...” and “The local court having acted without jurisdiction the proceedings before it and the judgment are a nullity.”

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This case commenced in the Accra West Local Court by writ of summons issued on the 3rd October, 1960. The claim is for statement of accounts of rents and mesne profits realised from house No. L.764/26, covering a period of eighteen months ending in August, 1960. The co-plaintiff was joined upon an allegation that he is “the representative of the Korle-We people who granted the land on which the building in issue is situate”. At its best, the evidence led on behalf of the plaintiffs in support of the claim was most indifferent; but as the determination of this appeal turns upon the question of jurisdiction, it is better not to make any further observations on the merits of the case. When the case for the plaintiffs closed, the defendant filed submissions alleging, among other things, that the land with the buildings thereon, subject-matter of the suit, was valued at about £G800, and therefore he was objecting to the jurisdiction of the local court to hear the case. The plaintif...