Joshua Asiedu V. Yao Amoh (1937) LJR-WACA
Joshua Asiedu V. Yao Amoh (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Want of jurisdiction alleged in Court of Provincial Commissioner on two grounds, viz, faulty date in Notice of Appeal, and leave to appeal not obtained from Court of Trial. Held : Tay v. Williams and Animle v. Otibo not […]
Kasumu Shomade & Anor V. Ramotu Ogunbiyi & Ors (1936) LJR-WACA
Kasumu Shomade & Anor V. Ramotu Ogunbiyi & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Suit for order to set aside a conveyance and a mortgage deed—Claim not substantiated by evidence—Application to amend refused. Held (Petrides, C.J., dissenting) : If substantial justice can be secured by an amendment of pleadings, […]
Jonathan Ade Olujomoye V. Rex (1936) LJR-WACA
Jonathan Ade Olujomoye V. Rex (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction under Section 309 of Criminal Code—Meaning of ” any Appeal from instrument or thing “—Constructive possession—Evidence in Conviction111rebuttal when defence raises no new facts. Held : Meaning of ” thing ” not to be restricted tb a thing […]
John Amponay V. Martin Teyi (1937) LJR-WACA
John Amponay V. Martin Teyi (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for trespass—Original judgment upset by Provincial Commissioner on facts. Held : A judgment in a land case of a native Tribunal should not be reversed unless clearly shown to be wrong ; appeal allowed and original […]
James Latunde Aderokun V. United Africa Co. Ltd (1936) LJR-WACA
James Latunde Aderokun V. United Africa Co. Ltd (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Application for leave to appeal under Rule 11 of the West African Motion for Court of Appeal Rules. Held : In Court’s discretion to grant or refuse. Sir William Geary, Bart., for Plaintiff. R. F. Irving […]
J. J. Ocquaye V. L. Quarshie & Ors (1937) LJR-WACA
J. J. Ocquaye V. L. Quarshie & Ors (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Costs before Native Tribunal unpaid—Leave to appeal refused—Section 77 (2) of Native Administration Ordinance. Appellant having failed applied to the Provincial Commissioner’s Court for leave on the ground that he was unable to pay the costs. […]
Hammond V. United Africa Co. Ltd. & Ors (1937) LJR-WACA
Hammond V. United Africa Co. Ltd. & Ors (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Attachment of person of judgment debtor under writ of Ca. Sa. when suing in representative capacity—Distinction between person representing stool and one suing as head of a family—In native law and custom head of family is […]
Hamilton V. Kofi Mensah (1937) LJR-WACA
Hamilton V. Kofi Mensah (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for, damages for trespass—Cutting of growing timber-Application or otherwise of section 4 of Statute of Frauds and Concessions Ordinance discussed. Held : Appeal allowed and case remitted for re-trial.. The facts are sufficiently set out in the judgment. R. […]
Gold Coast & Anor V. Attorney-General of the Gold Coast (1937) LJR-WACA
Gold Coast & Anor V. Attorney-General of the Gold Coast (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Pleadings—Demurrer—Case can only be struck out on admitted facts— Appeal fromEffect of joinder of issue—Rules of Supreme Court of England only i1fiDg-AltJo alapplicable when local law is silent. Pleadings had been ordered, and after […]
Foday Massaquoi V. Paramount Chief Yamba Kunyafoi (1937) LJR-WACA
Foday Massaquoi V. Paramount Chief Yamba Kunyafoi (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated—Claim between natives for moneys lent and disbursed—Effect thereon of section 39 of Ordinance 40 of 1992—Has the Circuit Court jurisdiction ? The facts of the case are sufficiently set out in the case stated, which […]