JAMES JACKSON V. J.M. COOKE

POLICY AND PRACTICE LAW REPORTS, 2PLR

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JAMES JACKSON

V.

J. M. COOKE

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

THE 26TH DAY OF OCTOBER, 1936

PRIVY COUNCIL APPEAL NO. 23 OF 1934

2PLR/1936/9 (WACA)

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OTHER CITATION(S)

2PLR/1936/9 (WACA)

LEX (1936) – II WACA 36-39

(1936) II WACA PP. 36-39

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BEFORE THEIR LORDSHIPS:

LORD MAUGHAM

LORD SALVESEN

SIR LANCELOT SANDERSON

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BETWEEN

JAMES JACKSON (SUBSTITUTED FOR CHIEF KWAMINA SAKYIAMA) — Appellant

AND

J. M. COOKE — Respondent

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ORIGINATING COURT(S)

FROM THE WEST AFRICAN COURT OF APPEAL

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

REAL ESTATE AND PROPERTY LAW – LAND:- Public acquisition of land – Lands Tribunal established for matters connected therewith – Where there is a proceedings relating to a land before that tribunal – Subsequent proceedings commenced in another tribunal while the first is still pending – Legal effect of – Whether a nullity 

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PRACTICE AND PROCEDURE ISSUE(S)

JUDGMENT AND ORDER – COSTS:- Discretional basis of the award of costs by a court – Attitude of appellate court to invitation to interfere therewith

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MAIN JUDGMENT

LORD MAUGHAM [DELIVERING THE LEAD JUDGMENT]

This is an appeal from the decision of the West African Court of Appeal pronounced on the 9th May, 1933,⁽¹⁾ deciding that the action, which had been commenced in a Native Tribunal, was not properly before such tribunal and that its judgment and all subsequent proceedings amounted to a nullity but awarding the respondent costs on appeal and in the Courts below. The proceedings were begun by writ of summons dated the 30th January, 1931, in the Native Tribunal of Cape Coast by the appellant as plaintiff against the respondent & defendant and according to the appellant the substantial question was whether the land, the subject of such action, was the property of the family of the plaintiff or the family of the defendant. The writ, however, called upon the defendant to establish his claim to the land.

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