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) 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) 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) 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) 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…

Evan Shanu V. Gabriel Bickersteth & Anor (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Payment by Order of Privy Council of costs by an Executor following an unsuccessful appeal—Interpretation of Order. Held : Costs personal unless Order expressly states otherwise. The facts are sufficiently set out in the judgment. O. Alakija…

Eric Annan Ogoe & Anor V. The Inspector-General of Police (1937) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal from Divisional Court, Gold Coast, exercising Appel-late jurisdiction There is no necessity to set out the facts.ticm. R. S. Blay for Appellants. A. J. Ainlie for Respondent. The following joint judgment was delivered…

Egyir Ababio V. Kwodwo Tsia & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Preliminary objection—Article 9 (2) of West African Court of Appeal Order-in-Council as amended only empowers a single Judge to act in a civil appeal when it is ” pending “—Appeal not ” pending ” until final leave…

Egyir Ababio V. Kwodwo Tsia & Ors (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for ejectment—Original trial in State Council—Appeal therefrom to Provincial Commissioner’s Court—Application for conditional leave to appeal made ex parte within time but notice of appeal to respondent given out of time—Objection taken and overruled. Held :…

Efefiom Eyamba & Ors. V. Joseph Kouri (1936) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for possession of land and removal by defendant-respondent of buildings thereon—Land bought at public sale under execution order of Court—Native Lands Acquisition Ordinance, Cap. 89 of Laws of Nigeria—Effect of sections 3 and 4 thereof. Held…