M. D. Bassil & Anor V. Abraham Kwaku Honger (1954) LJR-WACA

M. D. Bassil & Anor V. Abraham Kwaku Honger (1954) Native Law and CustonF—.Master marrying his own female slave—Position of children and their uterine descendants—Lease of family property without concurrence of principal members.Estoppel—Testimony in another suit not affectingfamily’s position—Testimony by person not a party to that suit. Res Judicata—Cases not resting on same foundation: different […]

Chief Nsidintak Bassey & Anor V. Chief Asuquo Ekanem & Anor (1953) LJR-WACA

Chief Nsidintak Bassey & Anor V. Chief Asuquo Ekanem & Anor (1953) Real property—Rights offishing—Watercourse. Minerals Ordinance, section 3—Rights of Crown in rivers, etc. Facts In the Supreme Court the plaintiffs (for the people of Idere) sued the defendants (for the people of Atan) for a declaration of title to a fishing pond “property of […]

Hussein Kalil Basma V. Allie Noureldine (1952) LJR-WACA

Hussein Kalil Basma V. Allie Noureldine (1952) LawGlobal Hub Judgment Report – West Africa Court of Appeal Landlord and Tenant—Breach of covenant—Re-entry or Forfeiture—Notice of breach—Discretion of Court—Conveyancing Act, 1881, section 14 (1) and (2)—Circumstances—Compensation. Facts Shortly put, sub-section (1) of the above section requires a Lessor to give the lessee notice of breach of […]

J. B. Bardi & Anor V. L.H Maurice (1954) LJR-WACA

J. B. Bardi & Anor V. L.H Maurice (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Tort—Libel—Plea of justification—Fair comment—Statements of fad—Allegation of disreputable motive—Publication to persons not interested. Practice and Prodecure—Description not meaning representative suit. Facts The respondent sued with the above description after his name, and one argument in the […]

James Sam Bansah Of Swedru V. G. B. Ollivant, Ltd. (1954) LJR-WACA

James Sam Bansah Of Swedru V. G. B. Ollivant, Ltd. (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Appeals in Civil Cases—Appealfrom Judge’s refusal to review hisjudgment—Special leave to appeal not obtained—Such refusal an interlocutory decision—Cap. 5, section 3 (3). A Judge’s refusal to review his judgment is an interlocutory decision and […]

Mrs. F. Bamgboye & Ors V. The Administrator-General & Anor (1954) LJR-WACA

Mrs. F. Bamgboye & Ors V. The Administrator-General & Anor (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Executors and Administrators—To what extentreal estate may he administered— Administration (Real Estate) Ordinance of 1917 (Cap. 2), section 2 and the second proviso—The Administrator-General’s Ordinance of 1938 (Cap. 4), section 30 (1). Facts Section […]

Matthew Olajide Bamgbose V. John Bankole Daniel & Ors (1954) LJR-WACA

Matthew Olajide Bamgbose V. John Bankole Daniel & Ors (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Marriage Ordinance of the Colony of Lagos of 1884—Section 41—Distribution of intestate’s estate—Children of customary marriages—Dw/ndu/iow under Statute of Distribution, 1670, and Act of 1685—Legitimacy by law of country of origin—Nigeria. Facts On appeal from […]

Matthew Olajide Bamgbose V. John Bankole Daniel & Ors (1952) LJR-WACA

Matthew Olajide Bamgbose V. John Bankole Daniel & Ors (1952) Marriage Ordinance (Cap. 128), section 36 (1)—Distribution of intestate’s estate—Issue of customary marriage. Facts The above named deceased, John St. Matthew Daniel, was bom to his parents after they married in church (viz. under the Marriage Ordinance). Before their marriage, they had another son named […]

Kwamin Badu V. Kofi Donkoh (1955) LJR-WACA

Kwamin Badu V. Kofi Donkoh (1955) LawGlobal Hub Judgment Report – West Africa Court of Appeal Native Courts—Appeals in matters relating to land. Jurisdiction—Appeals from Native Courts—Land matter. Facts The plaintiffs (above appellants) as heads of three houses of a Family, out of the four) sued the defendant claiming delivery up of Stool properties comprising […]

Gbadamosi Baba-Egbe V. Patience Kasumu & Ors (1954) LJR-WACA

Gbadamosi Baba-Egbe V. Patience Kasumu & Ors (1954) LawGlobal Hub Judgment Report – West Africa Court of Appeal Moneylenders’ Ordinance (Cap. 136), section 19 (2), (3), (4)—Moneylender’s duty to keep book and enter details—Moneylender’s default—Relief to borrower. Practice and Procedure—Averment and admission showing claim on a moneylender’s transaction unenforceable—Omission of borrower to plead the Moneylenders’ […]