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HAUSA AND ANOTHER
V.
DAWUDA

(1961) JELR 68662 (HC)

High Court 27 Sep 1961 Ghana
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- Held: Local court lacked jurisdiction as the subject-matter value exceeded £G200 and defendant did not consent; plaintiff failed to prove the court’s jurisdiction per s.98(2) Courts Act, 1960. - Legal principle: In land causes before an i

Case Details

Judges:OLLENNU J.
Counsel:JOE REINDORF FOR THE DEFENDANT-APPELLANT; E. OBETSEBI-LAMPTEY FOR THE PLAINTIFFS-RESPONDENTS.
Other Citations:[1961] 2 GLR 550-553, [1961] GLR 550

OLLENNU, J.

This case commenced in the Accra West Local Court by writ of summons issued on the 3rd October, 1960. The claim is for statement of accounts of rents and mesne profits realised from house No. L.764/26, covering a period of eighteen months ending in August, 1960. The co-plaintiff was joined upon an allegation that he is “the representative of the Korle-We people who granted the land on which the building in issue is situate”.

At its best, the evidence led on behalf of the plaintiffs in support of the claim was most indifferent; but as the determination of this appeal turns upon the question of jurisdiction, it is better not to make any further observations on the merits of the case.

When the case for the plaintiffs closed, the defendant filed submissions alleging, among other things, that the land with the buildings thereon, subject-matter of the suit, was valued at about £G800, and therefore he was objecting to the jurisdiction of the local court to hear the case. The plaint…

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