Amadu Fulani & Anor V. Bank Of British West Africa (1953) LJR-WACA
Amadu Fulani & Anor V. Bank Of British West Africa (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Contract—Will with trusts—Executor opening an estate account—Executor drawing cheques in breach of trust—Bank without notice of trusts. Facts By his will the deceased left his property to his executor in trust for his children. […]
Nana Darku Frempong II V. Nana Owudu Aseku Brempong II (1952) LJR-WACA
Nana Darku Frempong II V. Nana Owudu Aseku Brempong II (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Evidence in the case unsatisfactory—Onus of proof on plaintiff. Facts In the Court below the respondents as plaintiffs claimed a declaration of title to certain land; there was evidence of “traditional history”, […]
G. F. Ferguson Of Dunkwa V. Sam W. Duncan (1953) LJR-WACA
G. F. Ferguson Of Dunkwa V. Sam W. Duncan (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Native Law and Custom—Application to transactions between natives— Exceptions where English Law is applicable—Onus to prove exception—The Courts Ordinance (Cap. 4), section 74. Facts The plaintiff lent a sum to the defendant on a common […]
Joseph Fawaz V. J. F. Nabban (1952) LJR-WACA
Joseph Fawaz V. J. F. Nabban (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Landlord and Tenant—Increase of Rent (Restriction) Ordinance—Schedule II, para, (i) and proviso—Question of greater hardship—Trial Court’s view.Appeals in Civil Cases—Trial Court’s view on greater hardship as between landlord and tenant—Principles on appeal. Facts The above-cited Schedule II, para, […]
Olumuyiwa Faloye & Ors V. Abraham Olaniyan & Anor (1954) LJR-WACA
Olumuyiwa Faloye & Ors V. Abraham Olaniyan & Anor (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Fatal Accidents Act, 1846, section 4—Claim of damages by dependants. Tort—Negligence—Defence of inevitable accident—Case where onus on defendant.Appeals in Civil Cases—Findings based on inadequate view of evidence. Facts “Where an accident in the ordinary course […]
Jacob Adeleye Fagbemi V. IGP (1955) LJR-WACA
Jacob Adeleye Fagbemi V. Inspector-General Of Police (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Summary trial in Magistrate’s Court—election—right to withdraw before plea taken—trial a nullity. Facts The appellant elected summary trial before the Chief Magistrate, but no plea was taken on that day, and the case was adjourned. On the […]
Onyeama Ezenwa V. Samuel Ikegbunam Mazeli & Ors (1955) LJR-WACA
Onyeama Ezenwa V. Samuel Ikegbunam Mazeli & Ors (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass to land—right of an executor in possession to bring action—joinder of plaintiffs after close of case but before judgment—Order IV, Rule 5 (1) Supreme Court (Civil Procedure) Rules—meaning of “hearing”—finding in previous suit as to […]