Essaku Sengena V. Yao Poku (1943) LJR-WACA

Essaku Sengena V. Yao Poku (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Contract–Hire-purchase—Vendor’s right of seizure—SalePurchaser’s right to terminate agreement—N ovation– Promissory note—Conditional document—Time of payment neither fixed nor determinable. Facts Plaintiff hired a lorry from defendant under a hire-purchase agreement. Defendant subsequently took .possession of the lorry, purporting to act […]

Eldred E. E. Williams V. Nwolas Grant Mends & Anor (1943) LJR-WACA

Eldred E. E. Williams V. Nwolas Grant Mends & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Landlord and Tenant—Unlawful opcupation—Acquiescence-judgment ofRecovery of possession and damages—tenancy by operation ofSupremeCourt.law—estoppel—waiver—Defence (Rent Assessment) Regula-tions, 1941, regulation 12 (1)). Facts A house situate at 32 Kissy Street, Freetown, was owned by the […]

E. A. Solomon & Ors V. J. D. K. Botchway As Head Of Jacob Vanderpuye’s Family (1943) LJR-WACA

E. A. Solomon & Ors V. J. D. K. Botchway As Head Of Jacob Vanderpuye’s Family (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Native law and custom—Ga custom of Accra—InheritanceDeceased’s self-acquired property—Children of six-cloth marriage entitled to share—Pleadings defective—Retrial with amended pleadings. Facts The nephew and the eldest son of the […]

Dr. Curtis C. Adeniyi-jones V. Josephine Martins (1943) LJR-WACA

Dr. Curtis C. Adeniyi-jones V. Josephine Martins (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Executor de son tort—Intermeddling with real property ofjudgement ofintestate—Administration (Real Estate and Small Estates)SupremeCourt.Ordinance (Cap. 13) section 2. Facts A. having died intestate, the defendant, his sister, collected rents upon real property which was part of his […]

Commissioner Of Police V. Marteifio And Six Others (1943) LJR-WACA

Commissioner Of Police V. Marteifio And Six Others (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Illegal Sentence—amendment’ of that sentence at same sitting—” Record “, meaning of. Facts The trial Magistrate sentenced each of the appellants to nine months imprisonment with hard labour for a first offence under section 159 […]

Commissioner Of Police V. Marteifio & Ors (1943) LJR-WACA

Commissioner Of Police V. Marteifio & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Finding of guilt not recorded—Sentence passed—Sentence not upheld—Section 163 of the Criminal Procedure. Code.Criminal Procedure—Appeal—Confusion of defendant’s names—Omission to lodge appeal in name of intending appellant. Facts The 10th appellant was one of several who appealed […]

Commissioner Of Police V. J. S. Tsalisis (1943) LJR-WACA

Commissioner Of Police V. J. S. Tsalisis (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Practice–Particulars of charge—Defence Regulations 1939-1943 (Gold Coast), regulation 41—selling goods above controlled price—Controlled price not stated in charge or proved. Summary Tria1=-Variation between charge and evidence—not material—Criminal Procedure Code (Cap, 10) (Gold Coast), section 162. Evidence—Controlled […]

Chief Yaw Nimo V. Chief Kwaku Wuo (1941) LJR-WACA

Chief Yaw Nimo V. Chief Kwaku Wuo (1941) LawGlobal Hub Judgment Report – West African Court of Appeal [Delivered by LORD RUSSELL OF KILLOWEN] Facts The question for determination in this appeal is the ownership of an area of land in Kumasi Division (Kumasi State) of the Crown Colony of Ashanti. The land stretches about […]

Chief Dzelit V. Atsitsogbui Kitisu Denu & Ors (1943) LJR-WACA

Chief Dzelit V. Atsitsogbui Kitisu Denu & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal—Point raised for first time in Appeal Court—Action one the case—No claim in trespass—Trespass set up in Appeal Court.Action on the ease—Action for damages for wrongful sale of property under writ of Fi Fa—Malice—Native Administration (Colony) […]

Chief Dzadu As Head And On Behalf Of The Members Of Quashie & Anor V. Chief Brihiam For Sedrio Adogo Family & Anor (1943) LJR-WACA

Chief Dzadu As Head And On Behalf Of The Members Of Quashie & Anor V. Chief Brihiam For Sedrio Adogo Family & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Representative action—Native Tribunal—Plaintiff suing in wrong capacity—Suing in accordance with tribal ideas—Defence possibly prejudiced—Not a mere technical defect.Native Tribunal—Efidence—Documentary evidence—ProofReception—U nauth […]