AMANKWA vs. AKWAWUAH AND OTHERS

JUDGMENT OF APALOO J. This is an appeal from the judgment of the Kumasi Local Court delivered on the 16th June, 1961. That judgment dismissed a claim by the plaintiff for a declaration that house No. N.A. 90, Asafo, is the property of the plaintiff’s family. The appellant does not seek to quarrel with the judgment on its merits, and his counsel expressly said he did not feel able to argue on the facts. His ground of appeal is that the local court was in error in deciding this case, as it had no jurisdiction. The proceedings show that on the 30th March, 1961, Abena Donkor, the third defendant swore to and filed an affidavit in the local court the substance of which is that the house in dispute was worth £G1,500 and that the defendants did not wish to consent to the exercise of jurisdiction by the local court. It appears that a copy of this affidavit was served on the plaintiff. There is nothing in the record to show that the plaintiff disputed this sum as the value...