Joseph Benson Edmund V. G. F. Ferguson & Ors (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Declaration of title—family property–acquiescence. Mortgage of family property without consent of family. Held : Appeal allowed. Judgment of Court below set aside and judgment entered for plaintiff. The facts are sufficiently set out in the…

Commissioner Of Police V. Moses Tetteh Ayiku (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Section 319 (1) (a) of the Criminal Procedure Code—Re-trial ordered by Judge—Finding and sentence should be reversed before re-trial ordered—Word reverse has no restrictive significance and can include ” set aside ” or ” annul.” Held :…

Commissioner Of Lands V. John Saint Mathew Daniel (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Section 10 of Public Lands Acquisition .Ordinance. Compensation payable in respect of property acquired by Government—Compensation fixed by the trial Judge lower than that offered by the Government-10 per cent added for compulsory purchase. Held :…

Commissioner Of Police V. G. A. Ankrah & Ors (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Previous convictions. When previous convictions are alleged the admission thereof by the accused should be recorded ; in the absence of such admission they should be proved and a record made of such proof. There…

Cole V. Jead (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Validity of lease—Authority to execute lease by Deed—Holding out as agent—Lease for term of less than three years need not be under seal—Notice to quit. Facts The plaintiff had held out his son Dan Cole as his agent and Manager of…

Chief Kweku Serbeh V. Ohene Kobina Karikari (1938) LawGlobal Hub Judgment Report – West African Court of Appeal In the present suit the appellant seeks to have the boundary determined as between his tribal lands and those of the responde t as regards the part of that boundary that is in dispute. The Chief Commissioner,…

Francisco Canfailla V. Najib Joseph Chahin (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Breach of Contract–Illegal contracts unenforceable—Accra Building Facts The plaintiff agreed with the defendant to construct a new building on the defendant’s land for £1,675. The specifications given in the contract differed materially from those fixed by the Building…

Chief Quakoo Attipoe & Anor V. Chief Badu II & Ors (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Concessions Ordinance—Certificate of Validity—Claim for rent of land—Jurisdiction—Section 48 (2) (c) of Native Administration Ordinance Cap. 76—Question of ownership—res judicata. Facts This was a claim by the purchaser of land subject to a…

Ada Beigh V. Colin Shaw, Since Deceased (Now Represented By A. L. Shaw And Others) (1936) LawGlobal Hub Judgment Report – West African Court of Appeal [Delivered by LORD PORTER] Facts This appeal concerns the administration of the estate of one Job Beigh, a trader of 17, Picton Street, Bathurst, in the Colony of Gambia,…

Abiba Ali & Ors V. Alhaji Ali (1939) LawGlobal Hub Judgment Report – West African Court of Appeal Facts In two clauses of his will, the testator used the words ” I leave in charge of ” The first clause concerned a house and this clause provided that the rent from this house should be…