KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND GRAHAM PAUL, C.J., SIERRA LEONE. Three questions are put to this Court in this case but only one of them, the first. really arose in the case before the Court below and it is therefore only this question which is properly before this Court and it is only it which we shall answer. It is:- “Where a Resident makes an Order under section 36 (1.) (b) of the “Native Courts Ordinance that a suit in which a declaration of title “to land is claimed be re-heard before a Magistrate’s Court, has that “Court jurisdiction to hear the suit, in view of the judgment in the “case of Ababio v. Ackumpong (6 W.A.C.A. p. 173).
A question, substantially the same as this, has already been considered and answered by this Court in the case of Horsfall v. Amachree (4 W.A.C.A. 18). In that case the question was answered in the affirmative and the decision of this Court on that point is, in our opinion, in no way affected by the decision of this J Court in Ababio v. Ackumpong (6 W.A.C.A. p. 173).
We accordingly again answer the question in the affirmative.