IBRAHIMAH V. GARIBA & OTHERS

POLICY AND PRACTICE LAW REPORTS, 2PLR

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ALHAJI IBRAHIMAH OF SEKONDI

V.

MAMMA GARIBA AND OTHERS

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

18TH DAY OF OCTOBER, 1954

PRIVY COUNCIL APPEAL NO. 43 OF 1951

2PLR/1954/22 (PC)

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OTHER CITATION(S)

2PLR/1954/22 (PC)

LEX (1954) – XIII P.C. 43-1951

(1954) P.C. 43-1951

(1954) XIII WACA PP. 174-179

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BEFORE THEIR LORDSHIPS:

LORD COHEN,

LORD KEITH OF AVONHOLM,

MR. L. M. D. DE SILVA

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BETWEEN:

ALHAJI IBRAHIMAH OF SEKONDI — Appellant

AND

MAMMA GARIBA AND OTHERS — Respondents

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ORIGINATING COURT(S)

Appeal from the West African Court of Appeal (W.A.C.A. Civil Appeal No. 9 of 1950, 13 W.A.C.A. 171.)

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

REAL ESTATE AND PROPERTY LAW – LAND:- Suits relating to ownership of land held under native tenure – Respect to be paid to decisions of Native Courts – Wider discretion of Land Court to interfere where Native Court of first instance and Native Court of Appeal differ – Proper treatment of

FAMILY LAW – STEP CHILDREN AND ADOPTED CHILD:- Claim over land against adopted child by step-children of deceased woman on ground property belonged to wife of deceased woman and thus father of the step-children – Finding that property belonged to woman – Legal effect 

CHILDREN AND WOMEN LAW:- Land held by wife – Evidence it was granted (in lieu of an old land formerly belonging to her husband who had migrated away) by government and developed by compensation paid by government for same – Where old building demolished and rebuilt with additions by woman and adopted son – Claim against adopted son by children of other wives of husband – How treated

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CASE SUMMARY

A Native Court of Appeal reversed the decision of Native Court of first instance. On appeal to the Land Court the decision of the Native Appellate Court was upheld. On further appeal to the West African Court of Appeal that Court reversed the judgment of the Land Court and substantially restored the judgment of the Native Court of first instance.

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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL

Held that:

1.     The Board agreed with the dictum of Lord Atkin in Abakah Nthah v. Acquah Bennieh (1) that decisions of a Native Tribunal on questions of ownership of land held under native tenure, being matters peculiarly within the knowledge of such tribunals, should not be disturbed without very clear proof that they are wrong.

2.     Where, however, there is a difference of opinion between two Native Courts a wider discretion lies with the Land Court especially bearing in mind the provisions of section 50 of the Native Courts (Colony) Ordinance, 1944 which provides that the Native Appeal Court may re-hear the case and admit further evidence.

3.     The action was an ejectment action and must necessarily fail since the old house was the property of Salamatu and not of her husband, Mallam Gariba. It is possible that the Mohammedan law may give some rights to the plaintiffs (who are Salamatu’s ward/step-children) even though the old house was Salamatu’s property, but that issue does not arise in appeal and must be left to future determination if a claim is made.

Case referred to:- (1)      Abakah Nthah v. Anguah Bennieh (1931), A.C. 72, 1 W.A.C.A. 1.

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