Kofi Antu V. Ohene Kweku Buadu (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Suit before a Native Tribunal—Motion before the Provincial Commissioner’s Court to transfer the Suit to another Native Tribunal under section 71 of the Native Administration Ordinance –Order made transferring the suit to the Divisional Court—Review of that Order…

Kobina Foli V. Obeng Akese (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Arbitration—Reference by Court—R.S.C., 2nd Schedule, Order 52—Motion to set aside award—Principles on which Court proceeds—Scope of reference. The ground that an award is ” mistaken in law or not justified by the evidence,” is not a ground which can…

Kamanda Bongay & Anor V. F. S. Macauley (1932) LawGlobal Hub Judgment Report – West African Court of Appeal Land in the Sierra Leone Protectorate—Long continued possession by non-native with consent of Tribal Authority—Claim that such possession had ripened into absolute ownership—Defiance of Paramount Chief’s authority—Forfeiture by non-native of all his interest in the land…

Paramount Chief Kamanda Bongay & Ors V. F. S. Macauley (1931) LawGlobal Hub Judgment Report – West African Court of Appeal West African Court of Appeal—Rules 10 and 11—Different times within which Application for leave to Appeal may be Entertained—Interpretation. The fact that a party may apply to the Court of Appeal for leave to…

G. VALENTINE FELIX & Anor V. H. C. BANKOLE-BRIGHT (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Practice—Application for leave to appeal to Privy Council—Amount of judgment debt below appealable limit costs. Where a n appeal does not lie for mattes* in dispute below a certain value, the costs awarded cannot be…

Fattou N’Jie V. Richard James Hall (1931) LawGlobal Hub Judgment Report – West African Court of Appeal Landlord and Tenant—Tenancy at Will—Possession for twelve years withow paying rent—Limitation Acts, 1833 and 1874—No necessity for adverse possession. The Plaintiff wag in the year 1913 put in occupation of certain property rent-free by one Hall. Hall died…

Duvat & Anor V. Louis Orcel (1931) LawGlobal Hub Judgment Report – West African Court of Appeal Practice—Appeal—Date of Fa* of-Motion—Date of Application– judicature Act, 187k section 25 (6)—Assignsund of Right of Actiow—No Notice to lhattoc—Negligence.–Common Carrier– Act of God—Onus 4 Pro4 Facts A motor car belonging to one Huchard was lost in the River…

Kpakpa Dogah & Ors V. Fiagbenu Kwasinye (1931) LawGlobal Hub Judgment Report – West African Court of Appeal Hebeas Corpus—Rule Nisi Discharged—Appeal–Person Detained at Large. An appeal does not lie in any case of proceedings for or upon a writ of Habeas Corpus when at the time of bringing the appeal the person alleged to…

Kweku Danso & Anor V. Kuturka Yardom (1930) LawGlobal Hub Judgment Report – West African Court of Appeal Practice—Writ of Possession—Rules of Supreme Court, Order XLV rule 5, Schedule 2—Interpleader. The Appellant had been successful in a land dispute and obtained a writ of possession from the Court. The Respondent claimed that he occupied certain…

Con Enq. No 939 (Accra) Came Ofori Atta Afircan Selection Trust Ltd (1933) LawGlobal Hub Judgment Report – West African Court of Appeal Concession enquity–Opposition to grant of a Certificate of Validity—Breach of covenant between grantors and opposers—Breach of contract of service between claimant and opposers—Section 12 (3) of Concessions Ordinance—Litigation in the Gold Coast…