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WUDANU KWASI & ANOTHER V. NANA OSEI TWUM

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POLICY AND PRACTICE LAW REPORTS, 2PLR

WUDANU KWASI & ANOTHER

V.

NANA OSEI TWUM

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

17TH DAY OF NOVEMBER, 1953

2PLR/1953/9 (P.C.)

OTHER CITATION(S)

(1953) P.C. 17/11-1911

(1953) XII WACA 309 – 312

LEX (1953) – XII WACA 309 – 312

BEFORE THEIR LORDSHIPS:

LORD OAKSEY

SIR LIONEL LEACH

MR. L. M. D. DE SILVA

BETWEEN:

WUDANU KWASI, ACTING CHIEF OF ATIPRADAA & ANOTHER — Appellants

AND

NANA OSEI TWUM, OHENE OF BUKURUWA (SUBSTITUTED FOR YAW NKANSAH II, DSASEHENE OF BUKURUWAKWAHU & ANOTHER — Respondents

ORIGINATING COURT(S)

Appeal from the West African Court of Appeal

ISSUE(S) FROM THE CAUSE(S) OF ACTION

REAL ESTATE AND PROPERTY LAW:- Claim to land  — Power of Supreme Court to amend pleadings in cause transferred to it from Native Court

PRACTICE AND PROCEDURE ISSUE(S)

APPEAL:- — Concurrent findings of fact by the Supreme Court of the Gold Coast and the West African Court of Appeal — Attitude of higher court to invitation to interfere therewith

COURT—PLEADING:- Cause transferred to Supreme Court from Native Court — Whether Supreme Court has power to amend pleadings relating thereto

INTERPRTATION OF STATUTE:- Courts Ordinance, section 17 — Native Administration (Colony) Ordinance, section 75 — Proper construction of

DECISION OF THE WEST AFRICAN COURT OF APPEAL Once a valid transfer is made by the appropriate authority of a suit from a Native Court to the Supreme Court the latter Court’s power to amend pleadings remains uncurtailed by the transfer.

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JUDGMENTS BY AREAS OF PRACTICE

JUDGMENTS BY PRACTICE/PROCEDURE ISSUES

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