Henry I. Olowu V. Gertrude Desalu (1955) LJR-WACA
Henry I. Olowu V. Gertrude Desalu (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Native Law and Custom—Family Property—Mortgage of share without concurrence of members.Evidence—Copy of notice objected to as evidence but admittedfor identification—Service of original not proved.Equity—Acquiescence—Offer to pay mortgage debt whether acquiescence in mortgage—Purchaser buying family property in spite of […]
G. B. Ollivant Ltd V. S. M. Arab (1955) LJR-WACA
G. B. Ollivant Ltd V. S. M. Arab (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Carriage of goods—independent contractor—conversion by servants committed in the course of employment. Facts The respondents, who are^jrivate carriers, entered into a contract with the appellants for the carriage of their goods. The goods were carried by […]
Ozogbodo Okwoike V. Agu Ogbodo & Ors (1953) LJR-WACA
Ozogbodo Okwoike V. Agu Ogbodo & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Transfer of suits-Native Courts Ordinance, section 28 (1) (c)—Effect of order of transfer—Proceedings in Native Court after order made but before receipt thereof. Facts Section 28 (1) (c) provides that:—“(1) Every Resident and district officer shall at […]
Moses Okoro V. IGP (1953) LJR-WACA
Moses Okoro V. Inspector-General Of Police (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure-Criminal Code, section 100—Charge not alleging defendant employed in public service.Appeal in Criminal Cases—West African Court ofAppeal Ordinance, section 12 (5)—Trial a nullity—Power to order trial not used—Amendment of charge not possible on appeal. Facts […]
S. A. Okedare & Anor V. N. Saimua (1955) LJR-WACA
S. A. Okedare & Anor V. N. Saimua (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Breach covenant to sub-let—Recovery of Premises Ordinance—position sub-lessee—meaning of words “tenants” and “occupy”—liability landlord. Facts The respondent leased the premises to the defendant, Saimua, with a covenant against sub-letting. Saimua broke the covenant and unlawfully sub-let […]
Adikun Oke V. IGP (1954) LJR-WACA
Adikun Oke V. IGP (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Joint trial—Trial a nullity in case of one accused—Trial not a nullity in case ofco-accused. Criminal Procedure Ordinance, section 287 (1)—Accused without Counsel not informed ofhis rights at close ofprosecution case—Co-accused with Counsel. Facts Where at the close of […]
S. D. Ojo V. Jean Abadie (1955) LJR-WACA
S. D. Ojo V. Jean Abadie (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Res judicata—same issue off acts in former action—parties to put whole case before Court—estoppel despite fresh evidence. Facts There was a dispute over the sale of a car. The parties agreed for the sale, for a purchase price […]
A. Y. Ojikutu V. Francis E. Odeh (1954) LJR-WACA
A. Y. Ojikutu V. Francis E. Odeh (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Defence put in late but before judgment—Judgment for plaintiff—Hearing on merits desirable. Facts “Blunders must take place from time to time, and it is unjust to hold that because a blunder during interlocutory proceedings has […]
Mustapha Rufai Ojikutu V. Bintu Fatumo Fella (1954) LJR-WACA
Mustapha Rufai Ojikutu V. Bintu Fatumo Fella (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Estoppel—Res judicata—Judgment not put in—Person denying that he was bound thereby—No evidence that he was.Executors and Administrators—Trustees—Beneficiaries under will suing for account. Facts The plaintiffs (now appellants) sued as beneficiaries under a will for an account of […]
A. Y. Ojikutu V. Arbuckle Smith & Co. Ltd. (1952) LJR-WACA
A. Y. Ojikutu V. Arbuckle Smith & Co. Ltd. (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Defendant re-opening his case before judgment. Facts The respondents, plaintiffs below, sued the two defendants for breach of contract, and obtained judgment; only the second defendant appealed. The plaintiffs’ case was that the […]