LAWER
V.
DJABANOR AND ANOTHER

(1962) JELR 69793 (HC)    
High Court  ·  5 Mar 1962 ·  Ghana
 · 
Other Citations
[1962] 1 GLR 136
CORAM
OLLENNU J.
Core Terms Beta
local court
order
regulation
judgment
civil cause
jurisdiction
matter
summons
trespass
local magistrate
plaintiff
procedure
courts act
declaration of title
defendant
discretion
final judgment
jurisdiction of the local court
manner
section
abrahams
application
benefit of the order
civil cause judgment
civil suit
final order
fresh trespass
g15 damages
injunction
issue of execution
judgment of the manya krobo native court
judgments
local court procedure regulations
local courts
ollennu j.
only applications
orders
part xii of the regulations
part xviii of the procedure regulations
reasons
recovery of possession of any land
respect
said court
said regulation
strength of that regulation
such jurisdiction
such order
suit
ultra vires
words

OLLENNU J.: [His lordship stated the facts as set out in the headnote and continued:] This application was made originally under regulation 93 of the Local Court Procedure Regulations, and the local magistrate appears to have entertained it upon the strength of that regulation, which reads:

“A Local Court may in its discretion make any order within its powers and jurisdiction which it considers necessary for doing justice whether such order has been asked for by the party entitled to the benefit of the order or not, but in a civil cause judgment (save as to costs) shall not be given for a greater sum of money than that claimed in the particulars in the summons.”

It will be noticed that the said regulation 93 came under Part XII of the regulations, the part dealing with judgments and orders. From its very wording it is clear that the discretion given to the local court thereby can only be exercised when the said court is giving its decision in a cause or matter which is properly before i…

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