Kpodo V. Swiss African Trading Co. Ltd. (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for damages for wrongful determination of services brought inOpinion ofMagistrate’s Court—The Magistrate states a case for the opinionSupremeCourt.of the supreme Court—Opinion given and appeal therefrom madeto appeal Court—Preliminary objection that no appeal lies. Held : The…

Kojo Amuakwa V. Kwamin Anyan (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for Rent—Privity of Contract—Jurisdiction—Sections 43 (1) and 2 (c) Native Administration Ordinance—Section 58 Native Administration Ordinance—Question of agreement between parties that obligations should be regulated by English law and not by native customary law. Held : Since trial…

Kofi Opare V. Elizabeth L. Sampson (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Reversal of native Court by Court of Provincial Commissioner on Appeal from findings of fact. Held : Following Lord Atkin in Abakah Nthah v. Artguak Benniek,* Privy Council Com-Appeal 165/1927, facts found by a native Court in a…

Kofi Ako & V. Adjea Otae (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Objection to jurisdiction of Tribunal of Paramount Chief—Tribunal has jurisdiction to determine right of succession of person, domiciled in its state, to land situated in another state—Section 43 (1) (g) of Native Administration Ordinance. Held : Objection overruled.…

Kewalram Chellaram V. Ghansham & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Case stated—Preliminary objection to hearing—Power of trial Judge to refer to Court at any stage of proceedings—Section 4 West African Court of Appeal (Civil Cases) Ordinance, 1929 (No. 9 of 1929). Held : Macquarrie, J., dissenting, case stated…

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) 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) 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) 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) 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…