Login Register


(1960) JELR 67512 (SC)

Supreme Court  •  9 May 1960  •  Ghana





(His lordship referred to the claim and continued).

It was submitted on behalf of the appellant that the proceedings before and the judgment of the Local Court “A” are null and void for want of jurisdiction, because the claim is for specific performance, an equitable relief which the Local Court is not vested with jurisdiction to grant. There is no doubt that under section 15 of the Native Courts (Southern Ghana) Ordinance, Cap. 98, cases which a native court is empowered to entertain are those involving customary law; it is true also that specific performance is an equitable relief.

But it does not follow that every claim which a Ghanaian makes to compel another Ghanaian to fulfil a promise or an agreement is a claim for specific performance under English principles of equity. Long before the introduction of English law into this country a person could be compelled by the Council of the Chief to fulfil his promise or comply with the terms of an agreement he enters in…

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login