Customer Support

COOK
V.
KUTSOATSI AND OTHERS

(1960) JELR 66277 (HC)

High Court 14 Apr 1960 Ghana
BriefBot icon

BriefBot Summary

Free

- The plaintiff argues that the Keta Court had no jurisdiction over the action for debt, making the judgment and subsequent proceedings null and void. - The plaintiff's argument is based on section 14 (3) of Cap. 98, which states that the c

Case Details

Judges:ADUMUA BOSSMAN J.
Counsel:SHORT FOR THE PLAINTIFF; SWANNIKER FOR THE FIRST ,THE THIRD DEFENDANT (THE AUCTIONEER).,SECOND DEFENDANT IN PERSON.
Other Citations:[1960] GLR 96, [1960] GLR 96 - 101, JELR 84162

ADUMUA-BOSSMAN, J.: (His lordship referred to the facts and continued):

It is the sale in the foregoing circumstances which plaintiff’s counsel contends was illegal, because he maintains, the Keta Court had no jurisdiction in respect of the action for debt, and its judgment and all subsequent proceedings were accordingly a nullity. His argument based on section 14 (3) of Cap. 98, is that the defendant was resident, or at any rate was in Saltpond, but not in Keta, when the debt became payable at the time stipulated in the document, and therefore it is the native court having jurisdiction over the Saltpond area which was the court legally and properly entitled, or vested with jurisdiction, to try the case.

It is perhaps unfortunate that such a highly technical expression or phrase as “the cause of action arose” has not been defined or explained in the Native Court Ordinance, Cap. 98, in a layman’s language or in terms simple enough for the understanding of the type of persons, the large m…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.