JUDGEMENT
In support of the only ground argued, counsel referred to section 98 (2) of the Courts Act, 19601 as it was before its amendment by the Courts (Amendment) Act,*2 section 27. The subsection reads as follows:
"Where it appears that the subject-matter of a land cause exceeds £G200 the court shall not exercise jurisdiction except with the consent of the parties.”
In his submissions on the point, counsel contended that the “consent” of the parties must be an express and not a tacit consent; especially where one of the parties, as in the present case, raises an objection to the jurisdiction of the local court trying the case. If such a situation arises, counsel argued, the value of the land must be ascertained, and if found to be more than £G200, then jurisdiction cannot be exercised, unless the parties have given their consent to the court to exercise it. A record of it must then be made before hearing proceeds.
Counsel next referred to the appellant’s protest lodged by way of an af…