OPANIN ASONG KWASI AND OTHERS V. JOSEPH RICHARD OBUADABANG LARBI

POLICY AND PRACTICE LAW REPORTS, 2PLR

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OPANIN ASONG KWASI AND OTHERS

V.

JOSEPH RICHARD OBUADABANG LARBI

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

24TH DAY OF DECEMBER, 1952

PRIVY COUNCIL APPEAL NO. 11 OF 1951

2PLR/1952/96 (PC)

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OTHER CITATION(S)

2PLR/1952/96 (PC)

(1953) P. C. 11-1951

(1952) XIII WACA 76 – 80

LEX (1952) – XIII WACA 76 – 80

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BEFORE THEIR LORDSHIPS:

LORD NORMAND,

LORD MACDERMOTT,

LORD COHEN

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BETWEEN:

OPANIN ASONG KWASI AND OTHERS – Appellants

AND

JOSEPH RICHARD OBUADABANG LARBI – Respondent

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ORIGINATING COURT(S)

Appeal from West African Court of Appeal, W.A.C.A. Civil Appeal No. 66/49. 13 W.A.C.A. 81

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

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitration award according to native customary law – General principles governing such arbitrations – Effect of one party withdrawing before arbitration completed

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PRACTICE AND PROCEDURE ISSUE(S)

COURT:- Constitution of Native Appeal Courts -Construction of section 3 of the Native Courts (Colony) Ordinance, 1944.

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CASE SUMMARY

The appellants argued that an arbitration award made during the trial before the original trial Court was not binding because they realised before the arbitration award was made.

The respondent contended that the Native Appellate Court was not lawfully constituted under section 3 of the Native Courts (Colony) Ordinance, 1944, and that all proceedings subsequent to the trial before the Native Court “B” were null and that the decision of that Court must stand.

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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL

Held that:

1.     without laying down any general proposition as to native customary law, on the material before it the Board was of the opinion that the appellants had no right to resile and the arbitration award was binding.

2.    the Native Appellate Court was properly constituted. In this respect the Board disagreed with the obiter dictum of the West African Court of Appeal that there was substance in the submission of the respondent.

Cases referred to:-

(1)      Ekua Ayafie and Kwamina Banyea, 1884 Fanti L.R. 38.

(2)      Kuturka Yardom and Kurankyi Minta III, Gold Coast L.R. Full Court, 1926-29, p. 76.

(3)      Abotche Kponuglo and Adja Kadadja, 2 W.A.C.A. Judgments, 24, p. 27.

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