\Vhen one native brings a civil suit against another native in the Circuit Court, the jurisdiction of that court is prima facie ousted by virtue of s.9 of the Protectorate Courts Jurisdiction Ordinance, 1932, and proof of the applicable native law is not necessary before the ouster in favour of the jurisdiction of a native court takes effect (page 4, lines 12-1.5; page 5, line 17)

The right of a person to bring a civil action in a particular court is a procedural and is not a substantive right, so that it will be taken away by legislation passed after the accruing of the right
of action, which will be construed as retrospective unless there are clear indications to the contrary. Civil suits between natives, which were exclusively within the jurisdiction of the Circuit Court by virtue of the Protectorate Courts Jurisdiction (Amendment) Ordinance, 1927, and which fell within the jurisdiction of the native courts following the reorganisation of the court structure by the Protectorate Courts Jurisdiction Ordinance, 1932, cannot therefore be pursued in the Circuit Court if they are commenced after the coming into force of this Ordinance (page 5, lines 18-30; page 6, lines 14-21)