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K. A. Taylor V. W. Ward Brew & Ors (1942) LJR-WACA

K. A. Taylor V. W. Ward Brew & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Order as to costs—Ex parte order made after final judgment—Jurisdiction of a judge, other than the trial judge, to make the order. Facts At the trial the Court gave judgment for the plaintiff with costs. […]

Francis, J. & Anor V. Ohuji & Anor (1942) LJR-WACA

Francis, J. & Anor V. Ohuji & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated—Leave to appeal from. Native Court—Rules of Court Case statedin conflict with Ordinance. By section oi of the native uourie vrarnauee Lire regesratuure gave a discretion to the Appellate Courts to grant leave to appeal […]

Joseph Samuel Anie Of Sithum Now In Ashanti & Ors V. Joseph J. Abdilamsi & Anor (1942) LJR-WACA

Joseph Samuel Anie Of Sithum Now In Ashanti & Ors V. Joseph J. Abdilamsi & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Land—Claim to possession—Lease—Managership—Acquiescence–“-visit of plaintiff to defendants’ solicitor while action pending. Facts The matter in issue was whether the 1st plaintiff had power to grant a valid demise […]

John Oni Akerele V. The King (1942) LJR-WACA

John Oni Akerele V. The King (1942) LawGlobal Hub Judgment Report – West African Court of Appeal The appellant in this case is a duly qualified medical practitioner who carried on practice in Nigeria. On the 7th March; 1941, he was charged before the Assistant Judge at Umuahia Sessions of the High Court of the […]

ISUFIT (PAINTER) V. THEODORE TAYLOR (1942) LJR-WACA

ISUFIT (PAINTER) V. THEODORE TAYLOR (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Breach of contract—Agreement for repairs—Quantum, meruit. Facts The repairs (painting, ;etc.) in premises had been completed but Divisional defendant refused a further advance under the agreement on the ground exercising that the work was bad,exercising appellate The Magistrate found […]

George Mitchell V. Sheriff J. Charaff (1942) LJR-WACA

George Mitchell V. Sheriff J. Charaff (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Contract—Claim for possession and mesne profits—Counterclaim Appeal from for specific performance of agreement—Construction of judgment of correspondence—Special defence under section 12 (1) of the arrt.’e Defence (Rent Assessment) Reps. 1941. Facts Plaintiff claimed to recoVer possession of premises […]

G. B. Amancio Santos V. Ikosi Industries Limited & Anor (1942) LJR-WACA

G. B. Amancio Santos V. Ikosi Industries Limited & Anor (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass to land—Pier built on land one foreshore—Estoppel perrein judicatam—Possession—Laches—Damages—Retrial. Facts The defendants purchased from the plaintiff land at Aiyetoro and conveyance was executed showing the area. Damages were cliimed for trespass committed by […]

Francis D. Banigo V. Johnson O. Banigo & Ors (1942) LJR-WACA

Francis D. Banigo V. Johnson O. Banigo & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Trespass—Damages for trespass to land—Right of use and occupation, vested in. plaintiff—Evidence of possession. Facts The laud in dispute was occupied by certain members of Swiss Banigo family of which, by custom, the plaintiff was […]

Ekeleme On Behalf Of Ndabo-elitama V. Ugwuiro & Ors (1942) LJR-WACA

Ekeleme On Behalf Of Ndabo-elitama V. Ugwuiro & Ors (1942) LawGlobal Hub Judgment Report – West African Court of Appeal Resident sitting in appellate capacity under section 36 (1) (b) of Native Courts Ordinance—Claim relating to declaration of title to land—Order made for re-hearing in Magistrate’s Court. Held: Magistrate’s Court has jurisdiction to re-hear the […]