Michael Anarfi & Ors. V. The Conservator of Forests (1938) LJR-WACA
Michael Anarfi & Ors. V. The Conservator of Forests (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Reserve constituted under the Forests Ordinance—Claims for assessment of lump sum amounts for commutation of rights rejected by Reserve Settlement Commissioner—On appeal, claims remitted for assessments to be made—Claims heard by different Commissioner and so-called […]
Martin Fugah & Ors V. Emmanuel Nelson Lotsu Tamakloe & Anor (1938) LJR-WACA
Martin Fugah & Ors V. Emmanuel Nelson Lotsu Tamakloe & Anor (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Motion for final leave to appeal to Privy Council. Conditional leave to appeal had already been granted and one of the conditions was that the appellants were to give a bond. Although suing […]
Martilda Darl Williams V. Mumuni Ayinde (1938) LJR-WACA
Martilda Darl Williams V. Mumuni Ayinde (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Garnishee Proceedings—Money in custodia legis is property of Defendant and can only be attached by a creditor of his who has proceeded to judgment against him. Held: Appeal dismissed. There is no need to set out the facts. […]
L. A. Cardoso V. The Executors of the Estate of the late J. H. Doherty (1938) LJR-WACA
L. A. Cardoso V. The Executors of the Estate of the late J. H. Doherty (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Declaration that Plaintiff is entitled to live on Estate Property for life and Injunction restraining Executors from selling such property obtained—No evidence (a) of conformity by Executors with their […]
Katsina Native Administration V. Abdullahi Kogo & Ors (1938) LJR-WACA
Katsina Native Administration V. Abdullahi Kogo & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Murder, contra. Mohammedan Law—” Lausau” and ” Kasanzah” —Case remitted by High Court to Native Court for further proof—Judgments thereafter confirmed by High Court. Held: Procedure correct and appeals dismissed. There is no need to set […]
Karama & Anor V. Aselemi & Ors (1938) LJR-WACA
Karama & Anor V. Aselemi & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Consolidated actions seeking Declarations of Title to land and aninjunction—Declarations refused but injunction granted. Held: Non-suits confirmed and injunction set . aside owing to uncertainty of area to which it applied. There is no need to set […]
John Djabrtey V. Benkumhene Antwi Awua II & Anor (1938) LJR-WACA
John Djabrtey V. Benkumhene Antwi Awua II & Anor (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for breach of an agreement between nativesfromrelating to land and counter-claim for unpaid balance ofJudgmentpurchase money.ofSupremeThe plaintiff sued the defendant for damages as above and the defendantCourt.counter-claimed as above. The trial Judge […]
James W. H. Lisk V. Rogers C. P. Barlatt (1938) LJR-WACA
James W. H. Lisk V. Rogers C. P. Barlatt (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for Possession of Land and Mesne Profits sold under Mortgage before event giving rise to power of sale thereunder Appealhad arisen. Held: Appeal therefore allowed, but appellant, having succeeded on judgmenta point not raised […]
James Latunde Aderoku V. The United Afirica Co., Ltd (1938) LJR-WACA
James Latunde Aderoku V. The United Afirica Co., Ltd (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Order to Referee. Held: Owing to vagueness of the Order the Referee considered issues not properly within his scope; appeal allowed and case remitted to trial Court to deal with appellant’s claim for an account, […]
Henry A. Na-ansa V. Tettey Hudsu & Ors (1938) LJR-WACA
Henry A. Na-ansa V. Tettey Hudsu & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Cross-actions, consolidated, for general and special damages for Court. trespass to land and injunctions—no pleadings—material change by one party in his case—admissible evidence rejected —joinder of Defendants in second action was proper—special damages awarded in excess […]