James W. H. Lisk V. Rogers C. P. Barlatt (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for Possession of Land and Mesne Profits sold under Mortgage before event giving rise to power of sale thereunder Appealhad arisen. Held: Appeal therefore allowed, but appellant, having succeeded on judgmenta point not raised…

James Latunde Aderoku V. The United Afirica Co., Ltd (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Order to Referee. Held: Owing to vagueness of the Order the Referee considered issues not properly within his scope; appeal allowed and case remitted to trial Court to deal with appellant’s claim for an account,…

Henry A. Na-ansa V. Tettey Hudsu & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Cross-actions, consolidated, for general and special damages for Court. trespass to land and injunctions—no pleadings—material change by one party in his case—admissible evidence rejected —joinder of Defendants in second action was proper—special damages awarded in excess…

Government of Ashanti V. Adjuah Korkor & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Motion by Applicants, not parties to Judgment, to set aside a sale on grounds of fraud, irregularity, etc. Facts The plaintiffs obtained judgment against the defendant for moneys, and arrears of ground rent and a writ…

Francis Ansah V. Amalgamated Banket Areas, Ltd. & Anor (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for Injunction to prevent demolition of house on land onwhich Plaintiff-Appellant was let into possession under a Appealwritten agreement or alternatively for compensation—Plea by fromjufdgment Plaintiff-Appellant that such agreement was not understood byhim at…

Establissement Maurel et Prom V. The Legal Adviser of the Gambia & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for Declaration of Title to Land advertised to be sold under supreme a Deed of Mortgage, such land having been conveyed by the Court. Government subject to a proviso of…

Effuah Kwakuwah V. Effuah Nayenna (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim to land and building thereon alleged to have been granted-under Native Customary Law—Law governing such grant—Findings of fact by the Native Tribunal set aside by the Courtof the Provincial Commissioner. Held : Findings of the Native Tribunal should…

Disu Akiyemi Oshodi V. Kaliatu Imoru & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for Order to set aside sale of Realty—Plea of Acquiescencefromjudgmentpermitted but admissible documentary evidence rejected owingofto misunderstanding by Trial Judge of Appeal Court’s directionsupremein prior appeal. Held : Appeal allowed and ease remitted to trial…

Commissioner of Police V. Anthony Arban (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Conviction for unlawful possession of diamonds contra sec. 11 (3) of Cap. 130. Facts Diamonds were found among the boxes of shoes on a shelf in Appellant’s shop. The Appellant pleaded that he knew nothing of their, presence.…

Commissioner of Police V. Kwaku Klu & Ors (1938) LawGlobal Hub Judgment Report – West African Court of Appeal Charge of unlawful assembly contra. section 346 Cap 29 but conviction of Riot when not so charged—Powers of sections 319 and 32.5 of cap. 10 invoked by Appeal Court. Held: Findings altered; sentences maintained. There is…