Iddi s/o Nyanza v. Yonaza s/o Mbajo & others Civ. App. 4-A-69; 17/7/69; Platt J.

 

Iddi s/o Nyanza v. Yonaza s/o Mbajo & others Civ. App. 4-A-69; 17/7/69; Platt J.

A certain woman, Halima, claimed that the appellant had falsely accused her of acting as a go- between on behalf of some man and the appellant’s wife with a view to the seduction of the latter by the man. The respondents, who were elders, ten house cell leaders and village development committee members, were called in and specifically asked by the appellant to can ciliate the matter in a customary manner. Accordingly, they suggested that the appellant should bring some articles for a feast for Halima, himself and certain others. The respondent did so, but did not take part in the feast himself. He then claimed that the property had been taken from him by force and sued for its value. The Resident Magistrate dismissed the suit holding that the respondents had acted under customary law in arbitrating the matter, and that the articles had been given by the appellant as a part of the reconciliation of the parties. The appellant appealed to the High Court.

            Held: (1) “A person is not considered to have unlawfully assumed to act as a judicial officer under section 99(1) of the Penal Code, provided that the person taking part in the arbitration were tribal elders dealing with a matter arising our of an offence of a personal or private nature or in a minor civil dispute if such arbitration or settlement is conducted in a manner recognised as customary law…… as the arbitration and the settlement had been requested and agreed to by the appellant, he could not claim back the value of the articles which he had provided.” (2) Appeal dismissed.