Caretaker Kabina Nemmi V. Caretaker Ediay (1940) LawGlobal Hub Judgment Report – West African Court of Appeal 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–Appeal dismissed. Held : The application did not amount…

Samuel O. Nelson V. S. Ammah & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal against decision of Provincial Commissioner dismissing an appeal from the tribunal of a Paramount Chief–cksim for damages for trespass—better title to possession of the land alkged by the Defendants—Appeal allowed. Head : AlthoUgh the claim…

Caroline Morayo V. C. T. Okiade And Four Others (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for declanstion of oirnerskip to: kind—prima facie case of title made out and no cross-examination—failure to produce original document of tille—misdirection–retrial 4 now,. The facts are set out in-the-judgment.- Held : That the failure…

John Mills Of Cape Coast V. Franklin Beatrice Awoonor Renner Of Sierra Leone (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim by a mortgagor calling upon the mortgagee to render an account—operation of Real Property LimitalionAct 1833—Claim statute barred and appeal dismissed. Held : (1) The claim being based on Appellant’s…

Kwabena Mensah & Ors V. Ernestina A. Takyiampong & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal against a decision of the Divisional Court ruling that the question of ownership of land had not already been settled by arbitration under native customary law—question to be decided whether land private or…

Aponyimpa Kwow Mbonyi & Ors V. Kweku Dadzie Of Mumford & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Appeal by Plaintiffs-Appellants against refusal by lower Court of an interim injunction to restrain Defendants-Respondents from execution of writ of Fi. Fa—procedure as to execution considered—right to apply to restrain a threatened…

Lartiph Adel Madjoub V. Omanhene Kweku Nkansa II & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim on apromissory note—no pleadings—on close of plaintsff’s case defendants disclosed for the first time a defence relying on provisions of Ashanti Proclamation No. 4 of 1928—proclamation in question made under provisions of Sec.…

G. D. Laryea V. R. C. Quao (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for declaration of title and damages for trespass—Non-suit of plaintiff-appellant—Insufficiency of grounds for depriving defendant-respondent of costs—Appeal dismissed. Held : The Trial Judge had not exercised his discretion as to costs judicially and although the successful…

Fabunmi Sule Larinde For Himself And Other Children Of The Family Of One Larinde Atewolara (Deceased) V. Salami Afiko & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for tribute for use and occupation of land_ 4nd damages for reaping palm nuts thereon costraoy to tialiVelaf a-and customres judicata—misdirection—proof of…

Nsoatrehene Twene Kwame V. BERE Kumhene Ko Jo Barnier (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Claim for ownership of land originating in Native Court—reheard by Court of Chief Commissioner and amended by that Court to include a larger area—appeal from Chief Commissioner’s Court allowed. Held : The Order amending the…