ASIN APIMANIM LOCAL COUNCIL vs. WILLIAMSON

JUDGMENT OF LASSEY J. This appeal poses two important legal questions. The first point of law concerns the jurisdiction of the Asin Local Court before which the plaintiff’s action was commenced and tried, and the second point concerns whether or not money paid under a mistake of law or of fact or of mixed fact and law is recoverable. I propose to deal first with the question regarding the jurisdiction of the local court. The plaintiffs’ claim before the Asin Local Court was for the recovery of the sum of £G28, being the difference in an overpayment in salary wrongly paid to the defendant. The defendant was at the material time when money was paid to him employed by the Apimanim Local Council. He was the council’s nurse and was paid his salaries from the council’s votes. He was on an annual salary of £G301. Learned counsel for the respondent, Mr. Sackey, submitted that as the plaintiffs, namely, the Asin Apimanim Local Council, were at the material time of the trial bef...