Offiong Egbo Archibong Bassey & Ors. V. Chief Ntoe Eteta & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Land—Grant under Native Customary Law—Subsequent leases by grantor to European firms—Claim by grantees to share of rents. Facts Plaintiffs, alleging that they were the grantees under Native Customary Law of certain lands…
O. W. J. Grozmann V. John Buada & Ors. (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Application to set aside an Order made ex-parte to draw money out Divisional of Court.CourtSale under Fi Fa—Legal estate together with equity of redemption sold—irregularity in notice of sale. Held: Whole property was intended to…
Nchirahene Kojo Ado V. Buoyemhene Kwadwo Wusu (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Title to Land—Native Law and Custom not to over-ride Equity—The test applicable. Held: Following the Boketsi case (Renner Reports 239-243) Quassi Bayaidee v. Quarmina Mensah (Renner Reports 45) and Kodwo Nkomo’ v. Kwamin Etsiaku (1922) F.C. ’22,…
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) 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) 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) 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) 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) 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) 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…