QUIST vs. KWANTRENG AND OTHERS [1961]DLHC5501

Date	1961-10-27
Suit No.
Citation No.	[1961]DLHC5501

OLLENNU J.

E. AKUFO-ADDO FOR THE APPELLANTS.

J. ARTHUR FOR THE RESPONDENT

[1961]DLHC5501
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">QUIST<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">KWANTRENG AND OTHERS<o:p></o:p><span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#548DD4">&nbsp;[HIGH COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:5.0pt;text-align:center;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">[1961] GLR 605&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 27TH OCTOBER, 1961.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

E.
AKUFO-ADDO FOR THE APPELLANTS.<o:p></o:p>

J.
ARTHUR FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

OLLENNU J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
OLLENNU J.<o:p></o:p>This is an appeal from judgment of the Accra Central Local Court,
delivered on the 30th March, 1961. Before dealing with the points which have
been argued, it is necessary to set out the history of the case very briefly.
In 1958, the plaintiff instituted an action against the defendants in the Land
Court, Accra, claiming the same reliefs which she claims in the present suit.
On the 31st March, 1960, that suit was struck out and the parties were referred
to the appropriate local court by virtue of section 55 of the Local Courts Act,
19581(1), which came into force in or about November, 1959, and which is now
repealed.<o:p></o:p><o:p>&nbsp;</o:p>During the two and half years or so that that case was in the Land
Court, it came before me on five occasions; that was between the months of June
and September, 1959. On the 4th September, 1959, the last day on which it came
before me, I indicated that I used to know the late K. Armah Kwantreng whose
will was being called in question in the suit, and I also knew the parties to
the suit, and therefore if I could assist the parties in any way to settle the
dispute between them amicably without it going to trial I would gladly do so,
and that for that reason I would like the case to be put on the list of a judge
other than myself, so that should the parties wish my assistance
extra-judicially I could give it freely. None of the parties took advantage of
the offer of my service to effect settlement. The next I heard of the parties
and their dispute again was last week when this appeal came before me for
hearing.<o:p></o:p><o:p>&nbsp;</o:p>The record of proceedings shows that the present matter commenced
with a writ issued in the local court in April, 1960. Hearing in that court
commenced on the 13th May, 1960. The Courts Act, 19602(2) came into force in
the 1st July, 1960, repealing the Local Courts Act, 1958, under which the local
court was exercising jurisdiction in the case. A new local court established
under the said Courts Act, 1960, continued hearing the case by virtue of the
provisions of section 149 (1) of the Act. In October, 1960, the first defendant
filed a motion to register her objection to the local court continuing to
exercise jurisdiction in the matter because the subject-matter of the suit is
land with buildings thereon valued over £G200. The motion was fixed for hearing
on the 13th October, 1960, but on that day it was adjourned to the 30th
November, 1960, for hearing. Meanwhile, i.e. on the 23rd November, 1960, the
defendants applied to this court for an order to prohibit the local court from
continuing to exercise jurisdiction in the matter. The court granted leave on
the 28th November, 1960, for the order to be applied for, and in the meantime
made an order upon the local court, on the said 28th November, 1960,
prohibiting it from proceeding with the case. When the first defendant’s motion
came on for hearing on the adjourned date, the 30th November, 1960, the local
court adjourned it sine die. On that same day, in view of the order of this
court served upon him, the local court magistrate made an order stopping the
further hearing of the case “with liberty to plaintiff to seek such relief as
may be deemed meet”.<o:p></o:p><o:p>&nbsp;</o:p>It appears that the application for an order for prohibition was
refused by this court constituted by Acolatse, J. on or about the 19th
December, 1960, and the local court was accordingly notified, which then had
the case listed for the 26th January, 1961. It adjourned it to the 6th
February, 1961. On that day, the first defendant showed to the local court a
copy of a notice of appeal she had filed against the ruling of this court
refusing her application for an order of prohibition, and a receipt for fees
she had paid for its filing. The local court then adjourned the case to the
20th February, 1961, “for further directions in the absence of which the case
will proceed”. Hearing of the case was resumed on that date, the 20th February,
1961, and concluded on the 30th March, 1961, with the first defendant’s motion
objecting to the jurisdiction of the local court still remaining undecided, and
a further objection raised by the third defendant also undetermined. The
defendants have appealed from the who</main>