Holt & Co. (Lpool) Ltd. V. Oduguwa (1940) LJR-WACA
Holt & Co. (Lpool) Ltd. V. Oduguwa (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Administrairix-Respondent.Application made under Order 51 Ride 2 of the Rules of Supreme Appeal fromeallCourt. The Judge refused the application on the ground inter alia that the rule only Nigeria. applied to property outside the jurisdiction. Held : […]
George Grant ‘& Co. V. J. P. Seraphim & Anor (1940) LJR-WACA
George Grant ‘& Co. V. J. P. Seraphim & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Consolidated claims to set aside tivo attachments in execution of a decree—Appellant being a brother of the judgment-debtor produces a deed of assignment to himself as mortgagee in possession as security for a debt […]
Kwesi Faaban & Ors. V. A. C. Mansu & Ors (1940) LJR-WACA
Kwesi Faaban & Ors. V. A. C. Mansu & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from a judgment based on the award of an arbitrator—wrong view of award taken by Trial Judge—arbitration not rendered invalid in consequence for lack of jurisdiction—appeal dismissed. Held : The fact that the […]
M. Elkali And Another V. Nayif Fawaz (1940) LJR-WACA
M. Elkali And Another V. Nayif Fawaz (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Action for damages for breach of contract for lease of landNon-registration of a document renders it inadmissible under section 15 of Land Registration Ordinance, 1924.—Appeat allowed. Held : The objection to the admission in evidence of a […]
Alu Eko Of Ora V. Uhere Ugwuoma And Ors. Of Amaozara (1940) LJR-WACA
Alu Eko Of Ora V. Uhere Ugwuoma And Ors. Of Amaozara (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal against a judgment of the High Court allowing an appeal from the Magistrate’s Court—question of res judicator of a matter previously tried by a Native Court. Held : The Magistrate was correct […]
Edem Umo Edem & Anor V. J. Chief Oyo Edet (1940) LJR-WACA
Edem Umo Edem & Anor V. J. Chief Oyo Edet (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Case transferred to the High Court under sec. 25 (1) (c) of No. 44 of 1933 as amended by No. 16 of 1936—p/ea of res judicata raised in Native Court and rejected—rejected also by […]
Chief Efiong Enebiet Efiom Duke & Ors V. Etubom George Duke Henshaw Of Henshaw Town, Calabar (1940) LJR-WACA
Chief Efiong Enebiet Efiom Duke & Ors V. Etubom George Duke Henshaw Of Henshaw Town, Calabar (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Failure by plaintiffs-respondents to show their authority to sue in a representative capacity—necessity for a non-suit—failure by defendant-appellant to raise issue results in deprivation of costs in Court […]
Chief Kweku Dadzie & Ors V. Atta Kojo & Anor (1940) LJR-WACA
Chief Kweku Dadzie & Ors V. Atta Kojo & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for declaration of title awarded by Native Tribunal and-reversed by Provincial Commissioner—Plaintiff having waited for 12 years before attempting to establish his right, it is not extinguished by lapse of time— appeal allowed. […]
The Chairman, Lagos Executive Development Board V. W. F. Onimole & 11 Ors (1940) LJR-WACA
The Chairman, Lagos Executive Development Board V. W. F. Onimole & 11 Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Proceedings under Part VII of the Lagos Town Planning Ordinance (No. 45 of 1928)—Originating Summons under sections 44 and 45 of the Ordinance—procedure—res judicata—onus of proof—case remitted. Part VII of the […]
Nana Kweku Bofa & Ors V. Nana Kofi Kum & Ors (1940) LJR-WACA
Nana Kweku Bofa & Ors V. Nana Kofi Kum & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Construction of section 8 of the West African Court of Appeal Ordinance considered—Kudiabor v. Kudanu (hitherto unreported, non’ printed after this report) followed and appeal dismisSed. Held : No jurisdiction to hear the […]